Missouri · DWI · Checked October 2026
Missouri DWI Penalties: First, Second and Third Offense
Missouri DWI Penalties: What Are the Rules?
Missouri sets DWI penalties by offense, and they rise with each conviction.
- 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
- Lookback period
- 5 years
Missouri DWI Penalties by 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 |
Other First Offense Penalties in Missouri
- no suspended imposition of sentence unless placed on probation for at least 2 years, or, where BAC was 0.15 or more and a DWI court or treatment program is available, unless the program is completed
- Substance Awareness Traffic Offender Program (SATOP) required for reinstatement
- SR-22 proof of insurance for 2 years
Other Second Offense Penalties in Missouri
- no suspended imposition of sentence
- court may order continuous alcohol monitoring or breath testing at least 4 times a day as a condition of probation
Other Third Offense Penalties in Missouri
- no suspended imposition of sentence
When Penalties Are Higher in Missouri
- BAC 0.15 to 0.20, first offense, no suspended imposition of sentence: at least 48 hours of imprisonment
- BAC over 0.20, first offense, no suspended imposition of sentence: at least 5 days of imprisonment
- a person under 17 is present in the vehicle: Class A misdemeanor
- criminal negligence causing physical injury: Class D felony
- criminal negligence causing serious physical injury: Class C felony
- criminal negligence causing the death of another person: Class B felony; no parole or probation until 5 years are served
- 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 served
- chronic offender (four or more priors, or fewer involving injury or death): Class C felony; no parole or probation until 2 years are served
- habitual offender (five or more priors, or fewer involving injury or death): Class B felony; no parole or probation until 2 years are served
When a DWI Is 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 deathRSMo 577.010.2(3)-(7); RSMo 577.001 (persistent offender)
How Far Back Prior Offenses Count in Missouri
5 years. a second offense is a Class A misdemeanor only if the prior occurred within 5 years; persistent, aggravated, chronic and habitual offender status counts priors with no time limitRSMo 577.001 (prior offender; persistent offender)
Official source: how far back prior offenses count (Missouri)
More on DWI Law in Missouri
See the full overview of DWI laws in Missouri and read about first-offense DUI penalties across the states.
This page summarizes Missouri law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second DWI in Missouri?
Jail: 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. Fine: up to $2,000; a fine cannot replace imprisonment. License suspension: 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.
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