Missouri DWI Laws
A Missouri DWI can trigger two separate cases at the same time: the criminal charge in court and an administrative driver’s license case through the Missouri Department of Revenue. Each has different rules, deadlines, and consequences—and a good defense addresses both. This page breaks down the key Missouri DWI laws, what penalties you may be facing, and what you can do right now to protect your rights and your license.
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In Missouri, There are Two Sets of Laws That Apply to Most DWI Cases.
The first set of laws deal with the Criminal Consequences of your DWI arrest. The second set of laws deal with the effect that your DWI will have on your Missouri Driver’s License.
These laws can be very complex as well as the vast amount of case law from the courts who have interpreted these laws.
DWI Laws change frequently in the state of Missouri. Our Lawyers keep up with these changes so that we can give our client’s the most accurate information possible.
We also know that different courts treat DWI charges differently. What may be standard practice in one court isn’t necessarily the same in another court.
Learn more about the costs of a DWI
Missouri laws change often so it is important to consult with an attorney to determine your eligibility.
Driving While Intoxicated (DWI) Laws in Missouri
In Missouri, most drunk or drugged driving cases are charged under the Driving While Intoxicated or Driving With Excessive Blood Alcohol Content statutes. A driver is considered over the legal limit at a blood alcohol content of 0.08 for most adult drivers and 0.04 for many commercial drivers. Missouri also has a “zero tolerance” standard for many drivers under 21, meaning very low BAC levels can lead to separate alcohol-related actions.
When an officer believes a driver is impaired, the case almost always triggers two different legal tracks:
- A criminal case in municipal or state court, and
- A separate administrative case with the Missouri Department of Revenue over the driver’s license.
Criminal DWI charges and penalties
Missouri law sets out specific penalties depending on whether it is a first, second, or later alcohol-related driving offense and whether anyone was injured.
First Offense DWI
First-offense DWI is usually a Class B misdemeanor and can carry up to 6 months in jail, fines, court costs, probation, alcohol education, and ignition interlock in some cases.
Second-offense DWI
Second-offense DWI within a certain period can be charged as a Class A misdemeanor, with higher maximum jail time, longer probation, and longer required ignition interlock or treatment.
Third or subsequent DWI
Third or subsequent DWI can be charged as a felony, with substantial prison exposure, mandatory minimums in some situations, and very serious long-term consequences.
DWI Causing Injury or Death
When a DWI causes injury or death, the charge and potential sentence increase significantly. Missouri law allows DWI to be charged as a felony. The Class of felony depends on the facts.
Sentencing Considerations
Sentencing can vary widely depending on the court, the judge, the prosecutor, the driver’s record, and whether there was an accident, injuries, or fatality. When a injury or fatality is involved the liklihood of a felony charge increases.
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Take Control of Your Case Before It’s Too Late
A DWI arrest can feel overwhelming, but you still have options—and acting quickly can make all the difference. Missouri law imposes fast deadlines on both your driver’s license and your criminal case, meaning your rights and your future may already be on the clock.
During your free consultation, we’ll review the circumstances of your arrest, explain the potential consequences, and outline the defenses that may apply to your situation. Whether this is your first offense or you’ve been through the system before, you don’t have to face it alone. Our attorneys are here to protect your license, safeguard your record, and fight for the best possible outcome.
Our Attorneys Have Over 100 Years of Combined Legal Experience.
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Charles E. Lampin
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Michael Boyd
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Ross Buehler
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Bond Wilkison
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