Missouri · DWI · Checked October 2026

DWI Laws in Missouri

What Happens if You Get a DWI in Missouri?

Missouri calls it DWI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 15 days to challenge your license suspension
First offense jail: Up to 6 months; if no suspended imposition of sentence is granted, at least 48 hours with BAC 0.15 to 0.20 and at least 5 days with BAC over 0.20
First offense fine: Up to $1,000
First offense license: 90 days on conviction (point suspension); a restricted driving privilege may be available
Felony: A DWI is a Class E felony when you have two or more prior intoxication-related traffic offenses on separate occasions (no time limit), or one prior that involved injuring or killing another person; it is also a felony when the DWI causes injury or death

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Missouri DWI Laws: Key Facts

Legal limit (adults): 0.08 BACRSMo 577.012 (0.08; 0.04 commercial); RSMo 302.505.1 (0.02 under 21); RSMo 577.010.3 and .5 (0.15 and 0.20 tiers)
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (drivers under 21 face administrative suspension at 0.02 or more when stopped for a traffic violation or on suspicion of driving with 0.02 or more)
Enhanced penalties from: 0.15 BAC
Lookback period: 5 years
Insurance filing: SR-22, 2 years from the starting date of the suspension or revocation
Sobriety checkpoints: Allowed

Missouri DWI Penalties by Offense

DWI penalties in Missouri for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	Class B misdemeanor	Class A misdemeanor (prior offender: one prior intoxication-related traffic offense within 5 years)	Class E felony
Jail	up to 6 months; if no suspended imposition of sentence is granted, at least 48 hours with BAC 0.15 to 0.20 and at least 5 days with BAC over 0.20	up to 1 year when the prior offense occurred within 5 years (prior offender); no parole or probation until 10 days are served, unless 30 days of community service are performed or a DWI court or treatment program with 30 days of community service is completed	up to 4 years (persistent offender: two or more prior intoxication-related traffic offenses); no parole or probation until 30 days are served, unless 60 days of community service are performed or a DWI court or treatment program with 60 days of community service is completed
Fine	up to $1,000	up to $2,000; a fine cannot replace imprisonment	up to $10,000; a fine cannot replace imprisonment
License suspension	90 days on conviction (point suspension); a restricted driving privilege may be available	1-year revocation for points on a second intoxication-related conviction regardless of time between convictions; 5-year license denial for two DWI convictions within 5 years	10-year license denial after more than two DWI convictions
Ignition interlock	required for reinstatement if BAC was 0.15 or more or the offense caused property damage or personal injury; maintained at least 6 months after reinstatement	required for reinstatement (more than one alcohol- or drug-related enforcement contact), maintained at least 6 months; camera-equipped device for reinstatement after a 5-year denial	camera-equipped device required for reinstatement after the 10-year denial, maintained at least 6 months

First offense: RSMo 577.010.2(1), .3, .5; RSMo 558.011 (6 months); RSMo 558.002 ($1,000) · Second offense: RSMo 577.010.2(2), .4, .6; RSMo 577.001 (prior offender); RSMo 558.011; RSMo 558.002; RSMo 302.060.1(10) · Third offense: RSMo 577.010.2(3), .6(3); RSMo 577.001 (persistent offender); RSMo 558.011; RSMo 558.002; RSMo 302.060.1(9)

When Penalties Are Higher

BAC 0.15 to 0.20, first offense, no suspended imposition of sentence: at least 48 hours of imprisonmentRSMo 577.010.5(1)
BAC over 0.20, first offense, no suspended imposition of sentence: at least 5 days of imprisonmentRSMo 577.010.5(2)
a person under 17 is present in the vehicle: Class A misdemeanorRSMo 577.010.2(2)(b)
criminal negligence causing physical injury: Class D felonyRSMo 577.010.2(4)(b)
criminal negligence causing serious physical injury: Class C felonyRSMo 577.010.2(5)(b)
criminal negligence causing the death of another person: Class B felony; no parole or probation until 5 years are servedRSMo 577.010.2(6)(b), .8
aggravated offender (three or more priors, or two where one involved injury or death): Class D felony; no parole or probation until 60 days are servedRSMo 577.010.2(4)(a), .6(4); RSMo 577.001
chronic offender (four or more priors, or fewer involving injury or death): Class C felony; no parole or probation until 2 years are servedRSMo 577.010.2(5)(a), .6(5); RSMo 577.001
habitual offender (five or more priors, or fewer involving injury or death): Class B felony; no parole or probation until 2 years are servedRSMo 577.010.2(6)(a), .6(5); RSMo 577.001

More on Missouri DWI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

1-year license revocation; evidence of refusal is admissible in court; reinstatement requires SATOP, and interlock if you have a prior alcohol-related enforcement contact; you may petition the circuit court in the county of arrest for reviewRSMo 577.020; RSMo 577.041; RSMo 302.574

Official source: if you refuse a breath or blood test in Missouri

Getting a Limited Driving Privilege (LDP); Restricted Driving Privilege (RDP) After an Administrative Suspension

granted by a circuit court or the Director of Revenue for undue hardship, such as work, school, treatment or interlock service; proof of financial responsibility required; interlock required for LDP on a 1-year administrative revocation, a refusal revocation, or a 5- or 10-year denial; first-time administrative suspensions get a restricted privilege only after the first 30 days, with interlock

Official source: getting a limited driving privilege (ldp); restricted driving privilege (rdp) after an administrative suspension in Missouri

Ignition Interlock

First offense: for reinstatement after a first conviction if BAC was 0.15 or more or there was property damage or personal injury; also a condition of the restricted driving privilege after a first administrative suspension Repeat offenses: for reinstatement when the record shows more than one alcohol- or drug-related enforcement contact maintained on every vehicle you operate for at least 6 months after reinstatement; violations in the last 3 months extend it until 3 consecutive violation-free months; a court may order interlock after a single contact

Official source: ignition interlock in Missouri

Can a DWI Come Off Your Record?

a first misdemeanor intoxication-related traffic offense can be expunged once, if you have no later intoxication-related offense or enforcement contact; not available to commercial driver's license holders Waiting period: 10 years apply to the court where you pled guilty or were sentenced; the court holds a hearing and orders expungement if you have no subsequent offenses, contacts or pending charges

Official source: can a dwi come off your record? in Missouri

DUI Checkpoints

Sobriety checkpoints are allowed in Missouri. Legal basis: Statute: Missouri's implied consent law applies to drivers under 21 stopped at a sobriety checkpoint or roadblock.RSMo 577.020.1(5)

Official source: dui checkpoints in Missouri

Drivers Under 21

drivers under 21 stopped with a BAC of 0.02 or more face administrative suspension (zero tolerance) same administrative suspension periods as adults; SR-22 not required for a first-time under-21 suspension at 0.02; courts may also order a 90-day suspension (1-year revocation for a subsequent offense) under Abuse and Lose

Official source: drivers under 21 in Missouri

Driving After Using Drugs

yes: "intoxicated condition" means under the influence of alcohol, a controlled substance or drug, or any combination, so drug-impaired driving is charged under the same DWI statute

Official source: driving after using drugs in Missouri

More on DWI Law in Missouri

For the state's own guidance, see Missouri Department of Revenue: Driving While Intoxicated (DWI).

This page summarizes Missouri law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Missouri can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DWI in Missouri?

Jail: up to 6 months; if no suspended imposition of sentence is granted, at least 48 hours with BAC 0.15 to 0.20 and at least 5 days with BAC over 0.20. Fine: up to $1,000. License suspension: 90 days on conviction (point suspension); a restricted driving privilege may be available.

How Long Do You Have to Request a License Hearing in Missouri?

15 days. How it is counted: receipt of the notice of suspension or revocation. Request an administrative hearing from the Department of Revenue; the hearing is held by telephone or, on request, in person at a regional location. If you miss it, the suspension usually takes effect automatically.

When Is a DWI a Felony in Missouri?

a DWI is a Class E felony when you have two or more prior intoxication-related traffic offenses on separate occasions (no time limit), or one prior that involved injuring or killing another person; it is also a felony when the DWI causes injury or death

Do You Need an SR-22 After a DWI in Missouri?

Yes. How long: 2 years from the starting date of the suspension or revocation. An SR-22 is a form your insurer files with the state to prove you carry the required coverage.

Are DUI Checkpoints Legal in Missouri?

Yes. Legal basis: Statute: Missouri's implied consent law applies to drivers under 21 stopped at a sobriety checkpoint or roadblock.