A DWI conviction in Missouri can upend your life fast. The stakes rise sharply if you have a prior offense on your record.
How Missouri classifies DWI offenses
Missouri law classifies driving while intoxicated as operating a vehicle while in an intoxicated or drugged condition. The state uses a progressive penalty system.
Each additional conviction brings harsher consequences. Missouri groups offenses into three main tiers:
- First offense: Class B misdemeanor with up to six months in jail and a $500 fine.
- Second offense: Class A misdemeanor with up to one year in jail and a $1,000 fine.
- Third offense or more: Felony charges that can mean years in prison and fines above $5,000.
Each tier also carries different license consequences, which can affect your ability to work and travel.
License suspension and revocation
A first offense typically results in a 90-day suspension. A second offense within five years can trigger a revocation lasting one to five years. Felony convictions often lead to long-term revocation.
Missouri’s implied consent law (Revised Statutes of Missouri § 577.010) requires drivers to submit to chemical testing. Refusing a breathalyzer results in an automatic one-year revocation. That applies regardless of what happens in criminal court.
What changes with repeat offenses
Repeat offenses carry additional requirements beyond higher fines and longer jail time. Courts are less likely to grant probation. Judges may also require an ignition interlock device before restoring driving privileges.
Timing matters too. If your first conviction happened more than five years ago, a new arrest may be treated differently at sentencing. An attorney can explain how the look-back period applies to your case.
Steps you can take after an arrest
Acting quickly after an arrest gives you more options. Key steps include:
- Request a hearing: You have 15 days from the suspension notice to contest it with the Missouri Department of Revenue.
- Apply for limited driving privileges: A restricted license may allow you to drive to work or school during suspension.
- Complete SATOP: Finishing a Substance Awareness Traffic Offender Program before trial can show good faith to the court.
Taking early action does not guarantee any outcome, but it preserves your options.
You may speak with an attorney about your situation
DWI penalties in Missouri depend on many factors, including your prior record, BAC level and the facts of your arrest. Attorneys can help you understand how Missouri law applies to your case. Speaking with a lawyer early may also clarify your options and help you respond within critical deadlines.