Missouri DWI Laws and Penalties

How Missouri defines “driving while intoxicated” (DWI) and the consequences of a conviction.

Updated 9/01/2021

In Missouri, a motorist can get a DWI (driving while intoxicated) for driving while "under the influence" of (impaired by) drugs or alcohol, or with a blood alcohol concentration (BAC) of .08% or more (.02% or more for commercial drivers).

Jail Time and Fines for Missouri DWI Convictions

The minimum and maximum jail time and fines you'll face for a DWI conviction in Missouri depend on the number of prior DWI convictions you have (and when those occurred) and the circumstances of the current offense. Here are the possible jail sentences and fines for a first, second, and third DWI conviction.

1st offense

2nd offense

3rd offense

Jail Time

Up to 6 months

Up to 1 year

Up to 4 years


Up to $1,000

Up to $2,000

Up to $10,000

License Suspension/Revocation for a Missouri DWI

All Missouri drivers who are convicted of a DWI face license suspension or revocation. After completion of the suspension period, the driver then may be restricted to driving only with an ignition interlock device (IID). The possible suspension and IID periods for a first, second, and third DWI are as follows.

1st offense

2nd offense

3rd offense

Suspension Period

30 days followed by 60-day restricted license

1-year revocation or 5-year revocation if the prior offense was within 5 years of current offense

10-year revocation

Ignition Interlock Device (IID)

Possible 60 days as a condition of restricted license

6 months minimum

6 months minimum

An offender may be eligible for a "restricted license" for driving to and from places like work and school during at least part of the suspension. A similar "limited license" is available for those with a revoked license but is more difficult to obtain.

Missouri' Implied Consent Laws

Missouri's "implied consent" laws specify that all motorists agree to take a blood, urine, saliva, or breath test if lawfully arrested for driving while intoxicated. Motorists who refuse testing generally face license revocation of one year, followed by a six-month IID requirement.

Reducing a Missouri DWI Charge

Missouri does not strictly prohibit plea bargaining in DWI cases. So, depending on the facts of your case, it may be possible to reach a plea deal for a lesser charge. But nothing is guaranteed and the facts of every case are different. Talk to an experienced DWI attorney to identify and assess your options.

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