DUI Laws in Missouri (DWI)
Missouri uses the term "DWI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 5 years for the prior-offender misdemeanor enhancement; no time limit for felony status. 2+ prior intoxication-related traffic offenses. Below are the full details of Missouri's DUI laws and penalties.
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Overview
Missouri uses the term DWI (Driving While Intoxicated) and has a tiered system with increasingly severe penalties for repeat offenders. The state is notable for its relatively high BAC threshold for enhanced penalties (0.15%) and its 5-year lookback period for misdemeanor offenses, though Missouri uses a lifetime lookback for felony determination — any prior intoxication-related traffic offense (guilty findings and pleas, including SIS dispositions) counts toward the aggravated/chronic/habitual offender thresholds. A third DWI makes you a persistent offender (Class E felony); a fourth is an aggravated offender (Class D felony), a fifth a chronic offender (Class C felony), and a sixth or more a habitual offender (Class B felony) — priors count no matter how old (RSMo 577.001, 577.010). Missouri also stands out for its Substance Abuse Traffic Offender Program (SATOP), which is mandatory for all DWI offenders and tailored to the offender's assessed risk level.
Official term: DWI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.15%–0.20% triggers a mandatory minimum of 48 hours jail on a first-offense conviction; above 0.20% the minimum is 5 days (RSMo 577.010(5)) |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Class B Misdemeanor | Up to 6 months; no mandatory minimum for a standard first offense, but a conviction with BAC of 0.15%–0.20% carries a mandatory minimum of 48 hours and above 0.20% a minimum of 5 days (RSMo 577.010(5)) | Up to $500 (plus court costs and SATOP fees totaling $500+) | 30-day suspension + 60-day restricted driving privilege (administrative action by DOR) | Not required for first offense unless court-ordered; may be required as condition of limited driving privilege for BAC 0.15%+ |
| 2nd Offense | Class A Misdemeanor (Prior Offender — one prior intoxication-related offense within 5 years; if the prior is older, the new DWI is charged as a first offense) | Up to 1 year; a prior offender cannot get probation or parole until serving at least 10 days in jail (or performing at least 30 days of community service) and cannot receive a suspended imposition of sentence (RSMo 577.010(6)(2)) | Up to $1,000 plus court costs and SATOP fees | 1-year revocation if you have a prior alcohol-related enforcement contact within the past 5 years, with no restricted driving privilege during it (Mo. DOR); a second conviction within 5 years can bring a longer denial | Required for restricted driving privilege during suspension period |
| 3rd Offense | Class E Felony (Persistent Offender) | Up to 4 years in state prison; a persistent offender cannot get probation or parole until serving at least 30 days (or performing at least 60 days of community service) and cannot receive a suspended imposition of sentence (RSMo 577.010(6)(3)) | Up to $5,000 plus court costs | 10-year denial by DOR | Required for any restricted driving privilege or upon license reinstatement |
| Felony | Felony — Class E (persistent: 2+ priors), Class D (aggravated: 3+ priors), Class C (chronic: 4+ priors), or Class B (habitual: 5+ priors) (RSMo 577.010(2)) | Class E: up to 4 years; Class D: up to 7 years; Class C: up to 10 years; Class B: 5–15 years (RSMo 558.011). Before parole or probation: minimum 30 days (persistent), 60 days (aggravated), or 2 years (chronic or habitual) — RSMo 577.010(6) | Up to $5,000 plus court costs at the Class E/D/C levels; a fine cannot be imposed in lieu of imprisonment for repeat offenders (RSMo 577.010(6)(1)) | 3rd offense: 10-year denial. 4th+: 10-year denial; reinstatement becomes increasingly difficult with each subsequent offense | Required for any future driving privileges; duration increases with each offense |
Felony threshold: 2+ prior intoxication-related traffic offenses, no matter how old, = persistent offender (Class E felony, RSMo 577.010(2)(3)); 3+ priors = aggravated offender (Class D felony); 4+ = chronic offender (Class C felony); 5+ = habitual offender (Class B felony). Only the misdemeanor prior-offender enhancement uses a 5-year window (RSMo 577.001(20)). Lookback period: 5 years for the prior-offender misdemeanor enhancement; no time limit for felony status — persistent (2+ priors), aggravated (3+), chronic (4+), and habitual (5+) offender classifications count all prior intoxication-related traffic offenses, however old (RSMo 577.001).
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | May be ordered as condition of probation; commonly 40+ hours | Up to 2 years; standard conditions include SATOP completion, random testing, and victim impact panel | Mandatory completion of SATOP (Substance Abuse Traffic Offender Program) — level of program based on risk assessment (education, weekend intervention, or outpatient treatment) |
| 2nd Offense | Commonly ordered, 80+ hours | Up to 2 years supervised | SATOP at a higher intervention level (typically weekend or outpatient treatment); court may order additional treatment |
| 3rd Offense | Court-ordered at judge's discretion | Up to 5 years supervised following any incarceration | SATOP at the highest intervention level; court-mandated intensive outpatient or inpatient substance abuse treatment |
| Felony | Court-ordered at judge's discretion | Extended supervised probation; may include intensive supervision, GPS monitoring, and treatment court participation | Court-mandated intensive substance abuse treatment; completion required before any license reinstatement petition |
Implied Consent Law
Under Missouri's implied consent law (Mo. Rev. Stat. §577.020), any person operating a motor vehicle in Missouri is deemed to have consented to chemical testing (breath, blood, saliva, or urine) when arrested for a DWI-related offense with probable cause. Missouri permits both breath and blood testing, and officers may request a blood test if breath testing is unavailable or the subject is incapacitated.
Refusal penalties: First refusal: 1-year license revocation (administrative, by DOR). If the person has a prior alcohol-related offense: 1-year revocation. Refusal can be used as evidence at trial. The officer may seek a warrant for a blood draw after refusal. Refusing also results in denial of any limited driving privilege for 90 days.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.15% or higher | Mandatory minimum jail on a first-offense conviction: 48 hours at 0.15%–0.20% BAC, 5 days above 0.20% (RSMo 577.010(5)); a BAC of 0.15%+ also restricts suspended imposition of sentence to DWI court/treatment program completion where available (RSMo 577.010(3)) |
| Minor passenger under 17 years old | Separate charge of endangering the welfare of a child (Mo. Rev. Stat. §568.045); Class A misdemeanor with up to 1 year jail and $2,000 fine, in addition to DWI penalties |
| Causing death while DWI | DWI acting with criminal negligence causing death: Class B felony with a 5-year prison minimum before parole or probation (RSMo 577.010(2)(6)(b), (8)); an enhanced Class A tier (10-year minimum) covers the most aggravated death cases (RSMo 577.010(2)(7), (9)) |
| Causing serious physical injury | DWI acting with criminal negligence causing physical injury: Class D felony (up to 7 years); serious physical injury: Class C felony (up to 10 years) (RSMo 577.010(2)(4)(b), (5)(b)) |
| Driving on a revoked or suspended license | Separate criminal charge; mandatory jail time and extended revocation period; habitual traffic offender designation possible |
| Prior alcohol-related enforcement contacts (lifetime) | Guilty findings and pleas — including SIS dispositions and municipal ordinance violations — count for persistent/aggravated/chronic/habitual offender escalation with no time limit (RSMo 577.001; SIS counts per State v. Meggs); only the misdemeanor prior-offender tier requires the prior within 5 years |
DUI with Injury
Classification: Felony — DWI causing injury or death (RSMo 577.010)
DWI acting with criminal negligence (RSMo 577.010(2)): causing physical injury = Class D felony (up to 7 years); causing serious physical injury = Class C felony (up to 10 years); causing death = Class B felony (up to 15 years) with a 5-year prison minimum before parole or probation (577.010(8)); a Class A felony tier (10-year minimum, 577.010(9)) covers the most aggravated death cases. Repeat-offender status can raise the class on its own: aggravated offender = Class D, chronic = Class C, habitual = Class B.
Underage DUI
Drivers under 21 with a BAC of 0.02%–0.079% face Missouri's zero-tolerance law: first violation — 90-day license suspension (30-day hard suspension + 60 days restricted). Second violation — 1-year revocation. These are administrative penalties through the Department of Revenue, separate from any criminal charges. If the underage driver's BAC is 0.08%+, full criminal DWI charges and adult penalties apply in addition to the administrative zero-tolerance sanctions.
Diversion Programs
Program: SATOP / DWI Court
Missouri's SATOP (Substance Abuse Traffic Offender Program) is mandatory for all DWI offenders and provides education and treatment tailored to assessed risk level. The program has multiple levels: OWLS (education for lowest risk), Weekend Intervention Program (WIP), Outpatient Treatment (CL), and Clinical Treatment (CT). Additionally, Missouri operates DWI Courts in many circuits that provide intensive treatment-based supervision as an alternative to incarceration for repeat offenders. Some prosecutors offer SIS (Suspended Imposition of Sentence) for first offenders, which can keep the conviction off the permanent record.
Eligibility: SATOP is mandatory for all DWI offenders — the program level is determined by risk assessment. DWI Court is typically available for repeat offenders (2nd or 3rd offense) who demonstrate a substance use disorder. SIS may be available for first-time offenders at the prosecutor's and judge's discretion. Cases involving death or serious injury are generally excluded from diversion options.
How Long a DUI Stays on Your Record
A DWI conviction remains on your Missouri criminal record permanently unless expunged. Missouri allows expungement of certain DWI convictions: a first-offense misdemeanor DWI may be eligible for expungement after 10 years under Mo. Rev. Stat. §610.140, provided the person has had no subsequent alcohol-related offenses and meets all other eligibility criteria. An SIS (Suspended Imposition of Sentence) does not result in a conviction if completed successfully, though it remains visible on court records. For driving record purposes, DWI convictions remain for 5 years for point purposes but the DOR maintains lifetime records of all alcohol-related contacts for offender classification.
Key Statutes
- Mo. Rev. Stat. §577.010
- Driving while intoxicated — defines the DWI offense, BAC limits, and elements of the crime
- Mo. Rev. Stat. §577.001
- Chapter definitions — prior, persistent, aggravated, chronic, and habitual offender status based on prior intoxication-related traffic offenses
- Mo. Rev. Stat. §577.020
- Implied consent — chemical testing requirements, refusal penalties, and warrant provisions for blood draws
- Mo. Rev. Stat. §565.024
- Involuntary manslaughter — separate offense for culpably negligent deaths; DWI-caused injury and death are charged under §577.010(2)(4)–(7)
- Mo. Rev. Stat. §302.304–302.309
- License suspension and revocation — administrative penalties, point system, and restricted driving privilege provisions for DWI
Frequently Asked Questions
What is the penalty for a first DWI in Missouri?
What is SATOP in Missouri?
When does a DWI become a felony in Missouri?
How long does a DWI stay on your record in Missouri?
Can you refuse a breathalyzer in Missouri?
What is SIS for DWI in Missouri?
What is Missouri's lookback period for DWI?
Can you get a restricted license after a DWI in Missouri?
Related Guide
DUI license recovery in Missouri→Step-by-step guide to getting your license back after a DUI in Missouri — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Missouri DOR — DWI Information
Official Department of Revenue information on license suspensions, revocations, restricted driving privileges, and reinstatement for DWI offenders
- Missouri SATOP — Program Information
Department of Mental Health information on SATOP program levels, enrollment, costs, and provider locations
- Missouri Courts — DWI Court Programs
Information on Missouri's DWI Court programs, treatment court locations, and eligibility requirements
- Missouri Legislature — DWI Statutes
Full text of Missouri Revised Statutes Chapter 577 covering DWI offenses, penalties, implied consent, and offender classifications
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