DUI License Recovery in Missouri
A first DWI in Missouri is a Class B misdemeanor with up to 6 months in jail, up to $500 in fines, and a 90-day license suspension (30 days hard suspension + 60 days restricted). You may be eligible for a restricted driving privilege after 30 days. SR-22 insurance is required for 2 years. IID is discretionary for first offenses but mandatory for repeat offenders.
Last updated:
Overview
Missouri classifies impaired driving as DWI (Driving While Intoxicated). The state uses a 5-year lookback period for determining "prior offender" vs. "persistent offender" status for sentencing enhancement, but there is no time limit for felony enhancement: two prior DWI-related offenses at any point in a driver's lifetime can elevate a third offense to a Class E felony. A first DWI is a Class B misdemeanor. Missouri requires IID primarily for repeat offenders and for those who refuse chemical testing, though courts may order IID for first offenses at their discretion. SR-22 insurance is required for 2 years from the suspension date (or 3 years from the eligible reinstatement date for mandatory insurance requirements).
Quick Answer
A first DWI in Missouri is a Class B misdemeanor with up to 6 months in jail, up to $500 in fines, and a 90-day license suspension (30 days hard suspension + 60 days restricted). You may be eligible for a restricted driving privilege after 30 days. SR-22 insurance is required for 2 years. IID is discretionary for first offenses but mandatory for repeat offenders.
Suspension Rules
| Offense | Suspension |
|---|---|
| 1st Offense | 90-day suspension: 30-day hard suspension followed by 60 days of restricted driving privileges. Restricted privileges allow driving to work, school, alcohol treatment, and court obligations. |
| 2nd Offense | 1-year revocation for a second offense within 5 years (prior offender). Eligible for restricted driving privileges after 45 days of the revocation period. 5-year denial if classified as a persistent offender. |
| 3rd Offense | 10-year license denial as a persistent offender (third or subsequent DWI-related offense regardless of timeframe). Must petition the court for limited driving privileges. |
| Refusal | Refusing a chemical test results in an automatic 1-year license revocation under Missouri implied consent law. This is separate from and in addition to any criminal DWI penalties. After reinstatement following a refusal, a 6-month IID period is mandatory. Drivers have 15 days to request an administrative hearing to contest the revocation. |
Ignition Interlock Device (IID) Requirements
Missouri requires IID primarily for repeat offenders and chemical test refusals. For a first DWI conviction, the court has discretion to order IID. For repeat offenders, IID is mandatory for at least 6 months after license reinstatement. Those who refuse testing must also use an IID for 6 months post-reinstatement.
SR-22 Insurance
An SR-22 (proof of liability insurance) must be filed with the Missouri Department of Revenue by your insurance company. Missouri minimum liability limits are 25/50/25. Any lapse or cancellation of SR-22 coverage will result in re-suspension of driving privileges. The insurance company must notify the DOR of any cancellation.
Reinstatement Process
Fee: $20 base reinstatement fee. Additional $45 if the suspension was for a chemical test refusal. Total ranges from $20-$65 depending on the specific violation. Court fees and SATOP program costs are additional. | Timeline: First offense: eligible for restricted privileges after 30 days, full reinstatement after 90 days. Second offense (prior offender): restricted privileges after 45 days, full reinstatement after 1 year. Persistent offender (third+): 10-year denial; must petition the court. Processing at the DOR office is typically same-day once all requirements are met.
Serve Suspension/Revocation Period
Complete the mandatory suspension period: 90 days (first offense), 1 year (second/prior offender), or petition the court for reinstatement if under a 10-year denial (persistent offender). Limited driving privileges may be available during the suspension.
Complete SATOP Program
Complete the Substance Awareness Traffic Offender Program (SATOP) as required. SATOP is administered by the Missouri Department of Mental Health, Division of Behavioral Health. Call 573-522-4020 or visit the DMH website for enrollment. The program level (education vs. treatment) depends on your assessment.
Install IID if Required
If you are a repeat offender or refused a chemical test, install an IID on each vehicle you operate. The installer will notify the DOR of installation. First-time offenders may also need to install an IID if court-ordered.
File SR-22 Insurance
Have your insurance company file an SR-22 certificate with the Missouri Department of Revenue. Ensure coverage meets the state minimum (25/50/25).
Pay Reinstatement Fee
Pay the reinstatement fee ($20 base, $45 additional for test refusal). Fees can be paid at a Missouri DOR license office.
Apply at DOR License Office
Visit a Missouri Department of Revenue license office with all required documents to complete the reinstatement process and obtain a new license.
DUI Penalties
| Offense | Penalties |
|---|---|
| 1st Offense | Class B misdemeanor: up to 6 months in jail, up to $500 fine, plus up to $100 in court costs. Probation of 1-2 years typical. 90-day license suspension. BAC >= 0.15%: mandatory minimum 48-hour jail term. BAC >= 0.20%: mandatory minimum 5 days in jail. |
| 2nd Offense | Prior offender (within 5 years): Class A misdemeanor with up to 1 year in jail, up to $1,000 fine, and 1-year license revocation. If not within 5 years: Class B misdemeanor. Enhanced penalties include mandatory minimum 48 hours (prior offender) and IID requirement. |
| 3rd Offense | Persistent offender: Class E felony with up to 4 years in prison, up to $5,000 fine, and 10-year license denial. Must serve minimum 30 days imprisonment before eligibility for probation/parole unless participating in a DWI court program or completing 60 days of community service. No lookback time limit for felony enhancement. |
| Felony DUI | Third DWI (persistent offender) is a Class E felony (up to 4 years). Fourth or subsequent DWI (aggravated offender) is a Class D felony (up to 7 years, up to $10,000 fine). DWI causing death can be charged as involuntary manslaughter (Class C felony, 3-10 years) or second-degree murder if prior intoxication-related offenses exist. Chronic offender (5+ priors): Class B felony (5-15 years). |
BAC limit: 0.08% for drivers 21 and over. 0.04% for commercial vehicle operators. 0.02% for drivers under 21. | Lookback period: 5 years for determining prior offender status (enhanced misdemeanor penalties). However, there is NO time limit for felony enhancement: two prior DWI-related offenses at any point in the driver's lifetime can elevate a third offense to a Class E felony (persistent offender) regardless of how long ago they occurred.
Hardship / Restricted License
Missouri offers restricted/limited driving privileges (LDP) during a suspension or revocation period. The court can approve limited privileges allowing driving to and from work, school, alcohol treatment, and medical appointments. An SR-22 is required to obtain restricted privileges.
Edge Cases
Does Missouri have a time limit for counting prior DWIs toward felony charges?
No. While Missouri uses a 5-year lookback for 'prior offender' misdemeanor enhancement, there is no time limit for felony enhancement. Two prior DWI convictions from any time in your life can make a third DWI a Class E felony.
What is the SATOP program?
SATOP (Substance Awareness Traffic Offender Program) is Missouri's mandatory education/treatment program for DWI offenders. It is administered by the Missouri Department of Mental Health. The program level (education, weekend intervention, or treatment) depends on your clinical assessment. Completion is required before license reinstatement. Contact 573-522-4020 for enrollment.
What happens if I refuse the chemical test in Missouri?
Refusing a chemical test triggers an automatic 1-year license revocation under implied consent law, separate from any criminal DWI penalties. After reinstatement, you must use an IID for 6 months. You must also complete SATOP before reinstatement. You have 15 days to request a hearing to challenge the revocation.
What if my BAC was 0.15% or higher on a first offense?
A BAC of 0.15% or higher on a first offense triggers a mandatory minimum 48-hour jail term. A BAC of 0.20% or higher requires a minimum 5 days in jail. The court is also more likely to order an IID.
Frequently Asked Questions
- How much does it cost to reinstate my license after a DWI in Missouri?
- The base reinstatement fee is just $20 ($65 if you refused a chemical test). However, total costs including SATOP program fees, SR-22 insurance increases, IID costs (if required), court fines, and legal fees can total several thousand dollars.
- Can I drive to work during my DWI suspension in Missouri?
- Yes, in most cases. First-offense drivers can obtain restricted driving privileges (work, school, treatment, medical) after 30 days. Second-offense drivers may apply after 45 days. You must have SR-22 insurance and, if required, an IID.
- Is a first DWI a felony in Missouri?
- No. A first DWI is a Class B misdemeanor. A second DWI within 5 years is a Class A misdemeanor. A third DWI (with two prior DWI-related offenses at any time) is a Class E felony.
- How long does a DWI stay on my record in Missouri?
- A DWI conviction stays on your criminal record permanently in Missouri. It cannot be expunged under current law. For the Department of Revenue's purposes, there is no time limit on using prior DWI offenses for felony enhancement.
- What is the difference between a 'prior offender' and a 'persistent offender'?
- A 'prior offender' has one previous DWI-related offense within 5 years (Class A misdemeanor). A 'persistent offender' has two or more previous DWI-related offenses regardless of timeframe (Class E felony). An 'aggravated offender' has three or more priors (Class D felony). A 'chronic offender' has four or more priors (Class B felony).
Video Guides
Take Action — Direct Links
- Missouri DOR - DWI Information
Official Missouri Department of Revenue page with DWI suspension periods, reinstatement requirements, and IID information.
- Missouri DOR - Reinstatement Requirements
Official reinstatement requirements page with fee information and step-by-step instructions.
- Missouri Public Defender - How to Reinstate a Driver's License
Detailed guide from the Missouri Public Defender's office on the reinstatement process, including SATOP and SR-22 requirements.
- Missouri Department of Mental Health - SATOP
Information about the Substance Awareness Traffic Offender Program, enrollment, and program levels.