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DWI Laws

Missouri ‘driving under the influence’ and ‘driving while intoxicated’ are not considered separate charges; both are referred to as a Missouri DWI.  There is also a BAC (Blood Alcohol Content) violation that carries points and suspensions.


A driver can be pulled over in Missouri if there is evidence that suggests to an officer that they may be driving while intoxicated or under the influence of alcohol or drugs.  A driver will then be subjected to a Breathalyzer or Blood Test to determine their BAC.  A BAC of .08 in adult drivers and .02 in drivers under 21 years of age is considered a DWI and the driver will be arrested.  If a driver refuses a Breathalyzer or Blood Test, other penalties and suspensions will also ensue.  The following is a description of Missouri DWI laws and BAC guidelines:

 

A first offense DWI is a Class B Misdemeanor and:

  • 8 points are added to your Missouri Driving Record
  • May result in jail time of up to 6 months
  • You will pay fines of up to $500 and your license will be suspended for 30 days with a 60 day restricted driving period to follow if you are an adult driver, and your license will be suspended for 90 days if you are under 21 years of age 

 

A second Missouri DWI offense escalates to a Class A Misdemeanor and you are deemed a “Prior Offender:”

  • 12 points are added to your Missouri Driving Record
  • May result in jail time of up to 1 year with a minimum of 5 days served unless a minimum of 30 days of community service is performed (as per court approval)
  • You will pay fines of up to $1,000 and your license will be revoked for 1 year indefinitely and, if it is within 5 years of your previous DWI, you will receive a 5-year license denial
  • Community Service of 30 days is required for probation
  • You will be required to take and pass both the written and driving portions of the Missouri Driving Test
  • An Ignition Interlock Device is required for 1 month

 

A subsequent Missouri DWI escalates to a Class D Felony and you are deemed a “Persistent Offender:”

  • 12 points are added to your Missouri Driving Record
  • May result in jail time of up to 4 years with a minimum of 10 days served unless a minimum of 60 days of community service is performed (as per court approval)
  • You will pay fines of up to $5,000 and you will receive a 10-year license denial
  • Community Service of 60 days is required for probation
  • You will be required to take and pass both the written and driving portions of the Missouri Driving Test

 

All Missouri DWI offenders are required to pay their fines and reinstatement fees and also complete SATOP, the Missouri Substance Abuse Traffic Offender Program, before their license is reinstated.  Depending on your BAC at the time of arrest, you may also be required to complete an intensive weekend intervention program.

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