Missouri DWI Laws & Penalties
Last reviewed:
Missouri uses OFFENDER CATEGORIES (first / prior / persistent / aggravated / chronic / habitual) rather than a plain offense-count ladder — pages should present the category system. Lifetime lookback.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: lifetime. Lifetime lookback — priors never expire for enhancement. Categories: first offense (no priors); PRIOR offender (1 prior); PERSISTENT offender (2 priors); AGGRAVATED (3 priors); CHRONIC (4 priors); HABITUAL (5+).
- Primary statute: Mo. Rev. Stat. § 577.010 (offense); § 577.012–.023 (offender categories/penalties)
0.15+ can support enhanced treatment; MO's escalation is driven mainly by prior-offense categories, not BAC tiers.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | Class B misdemeanor | none – 6 months; mandatory min none (courts commonly impose 2–5 days or community service) | $0–$1,000 (up to $1,000 plus costs) | 90-day suspension (30-day hard + 60-day restricted) administratively – 1 year; hardship: restricted driving privilege; IID may be required | Not required |
| Second offense | Class A misdemeanor (PRIOR offender = 1 prior; PERSISTENT = 2 priors) | 10 days (or 30 days community service) as PRIOR/persistent – 1 year; mandatory min 10 days jail OR 30 days community service (persistent offender, § 577.023) | $0–$2,000 (up to $2,000) | 1-year revocation (2 alcohol offenses within 5 years) – 5-year denial (persistent); hardship: IID-restricted driving | Required |
| Third offense | Class E felony (CHRONIC/AGGRAVATED offender) | 60 days (aggravated) / 30 days served before probation – 4 years (Class E); mandatory min 60 days aggravated; 2 years chronic before parole eligibility | $0–$10,000 (felony fine range) | 10-year license denial (3 offenses) – 10 years+; hardship: IID after portion | Required |
First offense
- Classification: Class B misdemeanor
- Jail: none – 6 months; mandatory min none (courts commonly impose 2–5 days or community service)
- Fine: $0–$1,000 (up to $1,000 plus costs)
- License suspension: 90-day suspension (30-day hard + 60-day restricted) administratively – 1 year; hardship: restricted driving privilege; IID may be required
- Alternative disposition: SIS (suspended imposition of sentence) commonly keeps a first DWI off the public record if probation completed; SATOP mandatory.
- Interlock: IID required to reinstate after any alcohol-related suspension where a restricted privilege is used; mandatory on 2nd+.
- Administrative (DOR) suspension runs parallel to the criminal case.
Second offense
- Classification: Class A misdemeanor (PRIOR offender = 1 prior; PERSISTENT = 2 priors)
- Jail: 10 days (or 30 days community service) as PRIOR/persistent – 1 year; mandatory min 10 days jail OR 30 days community service (persistent offender, § 577.023)
- Fine: $0–$2,000 (up to $2,000)
- License suspension: 1-year revocation (2 alcohol offenses within 5 years) – 5-year denial (persistent); hardship: IID-restricted driving
- Interlock: IID minimum 6 months on 2nd+ (§ 577.600).
- Two DWIs within 5 years → 5-year license denial; 3 within 10 → 10-year denial.
Third offense
- Classification: Class E felony (CHRONIC/AGGRAVATED offender)
- Jail: 60 days (aggravated) / 30 days served before probation – 4 years (Class E); mandatory min 60 days aggravated; 2 years chronic before parole eligibility
- Fine: $0–$10,000 (felony fine range)
- License suspension: 10-year license denial (3 offenses) – 10 years+; hardship: IID after portion
- Aggravated (3 priors) = Class D felony up to 7 years; chronic (4 priors) higher. Category names drive the ladder.
Refusing a chemical test (implied consent)
Refusal: 1-year revocation (administrative) — longer/harder than a test failure, and refusal disqualifies some hardship options. Refusal admissible.
Statute: Mo. Rev. Stat. § 577.041
Ignition interlock
IID mandatory minimum 6 months for all repeat offenders (§ 577.600) and for restricted driving after alcohol suspensions; SATOP required on every conviction.
Statute: Mo. Rev. Stat. § 577.600
Frequently asked questions
What is the penalty for a first DWI in Missouri?
A first DWI in Missouri is a Class B misdemeanor. Jail: none – 6 months; mandatory min none (courts commonly impose 2–5 days or community service). Fine: $0–$1,000 (up to $1,000 plus costs). License suspension: 90-day suspension (30-day hard + 60-day restricted) administratively – 1 year; hardship: restricted driving privilege; IID may be required.
What is the legal BAC limit in Missouri?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Missouri look back at prior DWI offenses?
lifetime. Lifetime lookback — priors never expire for enhancement. Categories: first offense (no priors); PRIOR offender (1 prior); PERSISTENT offender (2 priors); AGGRAVATED (3 priors); CHRONIC (4 priors); HABITUAL (5+).