Missouri · DWI
Missouri DWI laws and penalties
Missouri's legal BAC limit is 0.08%. For a first offense, Missouri's statute provides jail of up to 6 months and a fine of up to $1,000. The license hearing, the ignition interlock rule and the statute behind every figure are below.
In Missouri the offense is called DWI (driving while intoxicated). It is the offense most states call DUI.
Figures read from official pages on .
Missouri DWI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.15%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- 5 years
- Prior DWI offenses that count
License hearing: ask within 15 days
Within 15 days of receiving the notice, ask the Department of Revenue for a hearing; a request in time also stays the suspension. Count the days with the license-hearing window calculator.Higher BAC level. At 0.15 or more a first offender cannot get a suspended sentence without completing a court-ordered treatment program, the jail term is at least 48 hours (5 days above 0.20), and the court must require an interlock for at least 6 months after reinstatement.
Ignition interlock. A restricted driving privilege after the 30-day suspension requires an interlock. The court may order one for a first offense, and must at 0.15 or more.
01Penalties
Missouri DWI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | None | 10 days |
| Jail (maximum) | 6 months | 1 year |
| Fine (minimum) | No minimum | No minimum |
| Fine (maximum) | $1,000 | $2,000 |
| License suspension | 30 days suspension, then 60 days restricted driving privilege | 5 years (license denied) |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Missouri compares
Of the 49 states with a confirmed BAC limit, 48 (Missouri among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Missouri requires one in some cases.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Missouri gives 15.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Arkansas | 0.08% | 7 days | Required | 24 hours to 1 year | $150 to $1,000 | 6 months |
| Illinois | 0.08% | 90 days | In some cases | Less than 1 year | $75 to $2,500 | Revocation; may not apply for a new license until 1 year after the revocation takes effect |
| Iowa | 0.08% | 10 days | In some cases | 48 hours to 1 year | $1,250 | 180 days to 1 year revocation |
| Kansas | 0.08% | 14 days | Required | 48 hours to 6 months | $750 to $1,000 | 30 days suspension, then 180 days restricted to an ignition interlock vehicle |
| Kentucky | 0.08% | No fixed deadline | In some cases | 48 hours to 30 days | $200 to $500 | 6 months suspension |
| Missouri (this page) | 0.08% | 15 days | In some cases | Up to 6 months | Up to $1,000 | 30 days suspension, then 60 days restricted driving privilege |
| Nebraska | 0.08% | 10 days | Required | 7 days to 60 days | $500 | 6 months |
| Oklahoma | 0.08% | 30 days | Required | 10 days to 1 year | Up to $1,000 | At least 180 days, and until the Impaired Driver Accountability Program is completed |
| Tennessee | 0.08% | No fixed deadline | Required | 48 hours to 11 months and 29 days | $350 to $1,500 | 1 year |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DWI case moves through the system in Missouri
Arrest and booking
Police arrest a driver on suspicion of DWI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Within 15 days of receiving the notice, ask the Department of Revenue for a hearing; a request in time also stays the suspension.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Missouri's statute provides jail of up to 6 months and a fine of up to $1,000. See the penalties table above.
04Sources
Where Missouri's figures come from
- Mo. Rev. Stat. § 577.010.1 (and § 577.012 for the 0.08 per se offense) (revisor.mo.gov)Main statute · Higher BAC level · First offense: jail, minimum · Second offense: jail, minimum
- Mo. Rev. Stat. § 577.012.1(1) (revisor.mo.gov)BAC limit, age 21 and over
- Mo. Rev. Stat. § 302.505.1 (revisor.mo.gov)BAC limit under 21
- Mo. Rev. Stat. § 577.001(20) (revisor.mo.gov)Lookback period
- Mo. Rev. Stat. § 302.530.1 (revisor.mo.gov)License hearing request
- Mo. Rev. Stat. § 302.525.2(1); § 302.304.5; § 302.440 (revisor.mo.gov)Ignition interlock, first offense
- Mo. Rev. Stat. § 558.011.1(7) (revisor.mo.gov)First offense: jail, maximum · Second offense: jail, maximum
- Mo. Rev. Stat. § 558.002.1(3) (revisor.mo.gov)First offense: fine, minimum · First offense: fine, maximum · Second offense: fine, minimum · Second offense: fine, maximum
- Mo. Rev. Stat. § 302.304.5 with § 302.302.1(8) (revisor.mo.gov)First offense: license
- Mo. Rev. Stat. § 302.060.1(10) (revisor.mo.gov)Second offense: license
Show the exact words behind each figureHide the exact words
- Main statute
Mo. Rev. Stat. § 577.010
Mo. Rev. Stat. § 577.010.1 (and § 577.012 for the 0.08 per se offense)
A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.
- BAC limit, age 21 and over
0.08%
Mo. Rev. Stat. § 577.012.1(1)
A person commits the offense of driving with excessive blood alcohol content if such person operates: (1) A vehicle while having eight-hundredths of one percent or more by weight of alcohol in his or her blood; or
- Higher BAC level
0.15%
Mo. Rev. Stat. § 577.010.3, .5; § 577.012.4-.5; § 302.440
If a person is not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section: (1) If the individual operated the vehicle with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than forty-eight hours;
- BAC limit under 21
0.02%
Mo. Rev. Stat. § 302.505.1
upon probable cause to believe such person violated a state, county or municipal traffic offense and such person was driving with a blood alcohol content of two-hundredths of one percent or more by weight
- Lookback period
5 years
Mo. Rev. Stat. § 577.001(20)
a person who has been found guilty of one intoxication-related traffic offense, where such prior offense occurred within five years of the occurrence of the intoxication-related traffic offense for which the person is charged;
- License hearing request
15 days
Mo. Rev. Stat. § 302.530.1
Any person who has received a notice of suspension or revocation may make a request within fifteen days of receipt of the notice for a review of the department's determination at a hearing.
- Ignition interlock, first offense
Required in some cases
Mo. Rev. Stat. § 302.525.2(1); § 302.304.5; § 302.440
The restricted driving privilege shall indicate that a functioning, certified ignition interlock device is required as a condition of operating a motor vehicle.
- First offense: jail, minimum
None
Mo. Rev. Stat. § 577.010.5
5. If a person is not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section: (1) If the individual operated the vehicle with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than forty-eight hours; (2) ... greater than twenty-hundredths of one percent ... not less than five days.
- First offense: jail, maximum
6 months
Mo. Rev. Stat. § 558.011.1(7)
(7) For a class B misdemeanor, a term not to exceed six months;
- First offense: fine, minimum
No minimum
Mo. Rev. Stat. § 558.002.1(3)
1. Except as otherwise provided for an offense outside this code, a person who has been convicted of an offense may be sentenced to pay a fine which does not exceed: ... (2) For a class A misdemeanor, two thousand dollars; (3) For a class B misdemeanor, one thousand dollars;
- First offense: fine, maximum
$1,000
Mo. Rev. Stat. § 558.002.1(3)
Same passage as above.
- First offense: license
30 days suspension, then 60 days restricted driving privilege
Mo. Rev. Stat. § 302.304.5 with § 302.302.1(8)
5. The period of suspension of the driver's license and driving privilege of any person under the provisions of subdivision (8) of subsection 1 of section 302.302 or who has accumulated sufficient points together with a conviction under subdivision (10) of subsection 1 of section 302.302 shall be thirty days, followed by a sixty-day period of restricted driving privilege as defined in section 302.010.
- Second offense: jail, minimum
10 days
Mo. Rev. Stat. § 577.010.6(2)
As a prior offender shall not be granted parole or probation until he or she has served a minimum of ten days imprisonment:
- Second offense: jail, maximum
1 year
Mo. Rev. Stat. § 558.011.1(6)
(6) For a class A misdemeanor, a term not to exceed one year;
- Second offense: fine, minimum
No minimum
Mo. Rev. Stat. § 558.002.1(2)
1. Except as otherwise provided for an offense outside this code, a person who has been convicted of an offense may be sentenced to pay a fine which does not exceed: ... (2) For a class A misdemeanor, two thousand dollars; (3) For a class B misdemeanor, one thousand dollars;
- Second offense: fine, maximum
$2,000
Mo. Rev. Stat. § 558.002.1(2)
Same passage as above.
- Second offense: license
5 years (license denied)
Mo. Rev. Stat. § 302.060.1(10)
(10) ... to any person who has been convicted twice within a five-year period of violating state law, county or municipal ordinance of driving while intoxicated, or any other intoxication-related traffic offense as defined in section 577.001, except that, after the expiration of five years from the date of conviction of the last offense of violating such law or ordinance, a person who was so convicted may petition the circuit court
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.