DUI & DWI in MissouriPage Overview
Missouri DUI & DWI
The penalties for driving while intoxicated (DWI)/driving under the influence (DUI) of drugs or alcohol in Missouri are heavy.
If you are arrested and convicted of a DWI/DUI, you will face penalties from both the court and the Missouri Department of Revenue (DOR). You will typically face jail time, fines, mandatory completion of alcohol treatment programs, and driver’s license revocations.
On this page you’ll find information about the definitions of DUI in Missouri, some of the common penalties, and the steps you may need to take to reinstate your driver’s license after completing the requirements of your penalties.
In Missouri, a DWI is defined as driving with a blood alcohol concentration (BAC) of:
- 0.08% or more.
- 0.04% or more in a commercial vehicle.
- 0.02% or more, if you are a minor.
NOTE: Depending on the circumstances of your offense, your arresting officer or judge may charge you with a DWI even if you're driving with a BAC of less than the limits above.
When you commit a DWI, you will face penalties from both the court and the Missouri DMV.
Missouri DOR Administrative DWI Penalties
When you are arrested on suspicion of a DUI, your MO driver’s license will be suspended 15 days after your arrest/administrative hearing decision before any action has occurred with the court.
You will have 15 days after receiving your Notice of Suspension/Revocation of Driving Privilege (Form 2385) to contest your driver’s license suspension. You can use the form to either request a hearing or restricted driving privileges.
If the MO DOR administrative suspension decision is upheld, your driver’s license may be suspended for:
- 90 days, if you have no prior DWI offenses.
- 1 year, if your driver’s license has been suspended or revoked for an alcohol-related offense in the last 5 years.
For more information, please contact the Missouri DMV.
Court Penalties for a DWI
Generally, a court conviction for a DWI in Missouri will include:
- At least 48 hours in jail.
- Alcohol treatment/addiction evaluation programs.
Your penalties with the Missouri DOR following a conviction will typically be as follows:
- For a 1st offense DWI, you may face a driver’s license suspension for 90 days.
- For a 2nd offense within any period of time, you may face a driver’s license revocation for 1 year.
- For a 2nd offense within 5 years, you may receive a driver’s license cancellation for 5 years.
- For a 3rd or subsequent DWI or alcohol-related offense, you may have your driver’s license cancelled for 10 years.
Your specific requirements may vary depending on the nature of your offense.
Missouri Ignition Interlock
Depending on the circumstances of your DWI, the court may require you to have an ignition interlock device installed in your vehicle.
An ignition interlock device hooks up to your vehicle’s ignition and requires you to take a breath BAC test before starting your car.
For more information please contact the Missouri DOR.
After you have completed the requirements of your court conviction and driver’s license suspension, you can reinstate your driver’s license with the Missouri DOR.
You specific requirements will vary depending on the circumstances of your DWI. However, you’ll typically need to:
- Complete an alcohol treatment and addiction evaluation program.
- Pay a reinstatement fee.
- Complete any necessary driver’s license tests.
- Provide an SR22 proof of financial responsibility.
For more information about some of the requirements you may need to satisfy in order to reinstate your driver’s license, please visit our Suspended License in Missouri page.