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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.
Ignition interlock required in some cases

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.

Several sections changed on 28 August 2026 (H.B. 1740: §§ 577.010, 302.525, 302.440, 302.304); the figures are from the versions in force. Missouri sets no minimum fine in its DWI statutes (the figures are class ceilings from § 558.002), and a second DWI inside 5 years is a class A misdemeanor.

01Penalties

Missouri DWI penalties

Statutory ranges for standard DWI convictions (no accident, no minor in vehicle).
Missouri statutory DWI penalties, first and second offense
Penalty1st offense2nd offense
Jail (minimum)None10 days
Jail (maximum)6 months1 year
Fine (minimum)No minimumNo minimum
Fine (maximum)$1,000$2,000
License suspension30 days suspension, then 60 days restricted driving privilege5 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.

Missouri and the states that border it, first-offense figures side by side
StateBAC limitHearing requestInterlock, first offenseJail, first offenseFine, first offenseLicense, first offense
Arkansas0.08%7 daysRequired24 hours to 1 year$150 to $1,0006 months
Illinois0.08%90 daysIn some casesLess than 1 year$75 to $2,500Revocation; may not apply for a new license until 1 year after the revocation takes effect
Iowa0.08%10 daysIn some cases48 hours to 1 year$1,250180 days to 1 year revocation
Kansas0.08%14 daysRequired48 hours to 6 months$750 to $1,00030 days suspension, then 180 days restricted to an ignition interlock vehicle
Kentucky0.08%No fixed deadlineIn some cases48 hours to 30 days$200 to $5006 months suspension
Missouri (this page)0.08%15 daysIn some casesUp to 6 monthsUp to $1,00030 days suspension, then 60 days restricted driving privilege
Nebraska0.08%10 daysRequired7 days to 60 days$5006 months
Oklahoma0.08%30 daysRequired10 days to 1 yearUp to $1,000At least 180 days, and until the Impaired Driver Accountability Program is completed
Tennessee0.08%No fixed deadlineRequired48 hours to 11 months and 29 days$350 to $1,5001 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

The typical sequence, in general terms. Timing and details differ by county and by case.
  1. 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.

  2. Release

    A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.

  3. 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.

  4. Arraignment

    The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.

  5. 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.

  6. 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

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.
Show the exact words behind each figure
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

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.