Missouri DWI Penalties

Written by Lindsay Cordero
Bookmark and Share

Following an arrest for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) in Missouri, the accused has fifteen (15) days to submit a Petition for Review of a driver’s license suspension or revocation to the Department of Revenue. If the Petition is accepted, a court hearing will be held to determine whether the license should be reinstated or not.

In addition to suspension of driving privileges, the penalties for conviction of DWI in Missouri may include jail time, fines, probation, and/or the installation of an ignition interlock device depending on whether it is a first or subsequent offense. A brief outline of penalties for first and subsequent DWI offenses in Missouri follows.

1st Offense

Penalties in Missouri for first time DWI offenders include any combination of the following: up to six (6) months of jail time, fines and surcharges of up to $610, two (2) years of probation, and mandatory installation of an ignition interlock device on the offender’s vehicle. Additionally, the convicted DWI offender’s driver’s license will be suspended for thirty (30) days, followed by the issuance of a sixty (60) day restricted driver’s license which allows the bearer to drive to and from work, drive while at work (if that person drives for a living), and to and from medical appointments.

2nd Offense

In Missouri, penalties for a 2nd DWI conviction may include a combination of up to one (1) year in jail, fines and fees of up to $1110, two (2) years probation, and mandatory installation of an ignition interlock device on the offender’s vehicle. The convicted DWI offender’s driver’s license may also be suspended for five (5) years if the second conviction falls within five (5) years of the second. Regardless of how old the first DWI conviction is, twelve (12) points will also be assessed against their driver’s license.

3rd Offense

Missouri law considers a third conviction of DWI a felony. Penalties include up to four (4) years in prison, fines and fees of up to $5110, and the suspension of driving privileges for ten (10) years. A DWI conviction at this level causes the convicted to be ineligible to apply for a restricted or hardship license.

4th & 5th Offenses

Penalties for a fourth DWI conviction in Missouri are similar to the penalties for a third offense, however the convict may serve up to seven (7) years in prison. With a fifth DWI conviction, penalties include the same as the fourth DWI conviction, except the convict may serve up to fifteen (15) years in prison. Additionally, the convict must serve two (2) years in prison before being eligible for probation.

If you or someone you know has been arrested for Driving While Intoxicated in Missouri, it is highly recommended that you contact an attorney specializing in Missouri DWI law in order to protect your rights.