DUI & DWI in Missouri
Arrested for a DUI or DWI?
Get a Free Court Case Consultation from a Local Missouri DUI Attorney:
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.
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, for a second conviction.
If you have a second conviction within 5 years your driver's license can be denied for up to 5 years.
If you refuse a BAC test your driver's license can be suspended for 1 year. 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 up to 6 months imprisonment.
- A maximum fine of $500.
- Alcohol treatment/addiction evaluation programs.
Administrative Penalties Following a Conviction
The Department of Revenue penalties are in addition to any and all requirements set forth by a court conviction. Once you are convicted in court though, the Department of Revenue penalties will increase to:
- 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. Having this device will require an installation fee as well as a maintenance fee.
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 (generally 3 years).
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.