Missouri DUI Laws
If you have been charged with DWI in Missouri, it is highly advisable to consult with an attorney. A DWI arrest for having a blood alcohol concentration (BAC) above the legal limit (.02 for minors, .08 for persons over 21 years of age) can mean a suspension of your driving privileges by the Department of Revenue, as well as criminal charges. A seasoned attorney will examine the record for procedural and constitutional violations that may lead to a reduction or dismissal of the charges. Hiring a Missouri DWI lawyer will help ensure the best possible outcome to your case.
Under the Administrative Alcohol Law, a 30-day administrative license suspension automatically goes into effect 15 days after a DWI arrest. (Repeat offenders and drivers who refuse to submit to BAC testing face a suspension of one year or more.) If you wish to contest the suspension, you must request a hearing with the Department of Revenue almost immediately or you lose your right to do so. Contact a DWI lawyer right away to make sure you don't miss important deadlines.
Your DWI arrest also triggers a separate criminal case. If convicted, your sentence may include fines and court costs, jail, and the installation of an ignition interlock device. Additionally, the Department of Revenue will be notified and points will be added to your driving record. Repeat and high-BAC offenders may be eligible for diversion into DWI court, which focuses more on treatment than traditional court. It is best to consult a Missouri DWI attorney to understand how the laws apply to your case.
Missouri DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Missouri BAC laws may differ from those of other states, as follows.
| Missouri BAC Laws | |
| Per Se Violation | BAC of: .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension, but the time limit for doing so is usually very short (within seven to 15 days after DUI/DWI citation).
| DUI/DWI Arrest | |
| 1st Offense | 90-day license suspension |
| Subsequent Offenses | 90-day or 1-year license suspension, depending on prior convictions |
| "Zero Tolerance" (BAC for someone under 21) | 90-day license suspension |
| Temporary License | Yes, for 15 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st and Subsequent Offenses | 1-year license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 90-day license suspension |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 90 days (may have conditional license) |
| Prison Term and Community Service | Up to 6 months in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $500 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Mandatory substance abuse education |
| Second DUI/DWI Offense | |
| License Suspension | 1 year or 5 years, depending on prior convictions (may have conditional license) |
| Prison Term and Community Service | Up to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory substance abuse education |
| Third DUI/DWI Offense | |
| License Suspension | 10 years (may have conditional license) |
| Prison Term and Community Service | Up to 4 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory substance abuse education |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Missouri Department of Revenue