Missouri DUI Laws: 2025 DUI Charges Guide
Getting Started
If you’ve been arrested for a DWI in Missouri, you’re facing both administrative penalties from the Department of Revenue and criminal charges through the court system. This guide provides general information about Missouri’s DWI laws and procedures, but this is not legal advice. For case-specific guidance, consult with a qualified DWI attorney.
Important Note: While this page provides detailed information about Missouri DUI laws, DUI.org does not offer legal advice. Laws can change, so consult a qualified DWI attorney for personalized guidance.
Definitions to Know
DWI (Driving While Intoxicated)
Driving While Intoxicated is Missouri’s legal term for operating a vehicle while under the influence of alcohol or drugs.
SR-22
A certificate of financial responsibility that proves you have the minimum required insurance coverage after a DWI conviction.
IID (Ignition Interlock Device)
An Ignition Interlock Device is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected.
Missouri Department of Revenue (DOR)
The state agency responsible for administrative license revocations, restricted license applications, IID oversight, and SR-22 monitoring. The DOR handles the administrative side of DWI cases separately from criminal proceedings. They manage driver’s license suspensions, revocations, and the requirements for license reinstatement.
Steps to Take After DWI Arrest in Missouri
- Hire an Attorney
Legal counsel can help navigate both administrative and criminal processes.
- License Suspension
Your license will be suspended if you had a BAC of .08% or higher or refused testing.
- Request an Administrative Hearing
If disputing a suspension, request a hearing with the Missouri DOR within 15 days of your arrest.
- Apply for a Restricted License
If eligible, you may apply for limited driving privileges by installing an IID.
- Install an IID
Required for certain offenses, installing an ignition interlock device is mandatory after high-BAC convictions or repeat offenses.
Explore IIDs - File an SR-22 Form
Proof of insurance coverage is required for license reinstatement.
- Complete Substance Abuse Evaluation and Treatment
Attend the Substance Abuse Traffic Offender Program (SATOP) as required by the court.
- Pay Fines and Fees
You’ll need to pay court fines ranging from $500-$10,000 plus other fees, such as license reinstatement and state charges1.
- Complete DWI Education Program
Mandatory alcohol education courses through SATOP.
- Attend Court Proceedings
Your case will proceed through criminal court independently from administrative actions.
- Probation
Probation terms may include regular check-ins and abstaining from alcohol or drugs.
- Avoid Further Violations
Any new DWI or breaking license rules can lead to jail time and even longer suspensions.
DWI Laws in Missouri
What Are the Legal Driving Alcohol Limits in Missouri?
In Missouri, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The law sets clear blood alcohol concentration (BAC) limits based on your age and license type. Police often use a breathalyzer to quickly check your Breath Alcohol Concentration (BrAC).
| Driver Category | BAC Limit |
| Drivers over 21 | 0.08% |
| Commercial Drivers | 0.04% |
| Drivers under 21 | 0.02% |
Felony vs Misdemeanor DWI Charges
In Missouri, DWI charges can be classified as either misdemeanors or felonies depending on prior offenses and circumstances1.
A DWI is generally charged as a misdemeanor for first and second offenses. However, it becomes a felony in these situations:
- Third DWI offense (Class D felony)
- Fourth or subsequent offense (Class C felony)
- DWI resulting in injury to another person (Class E felony)
- DWI resulting in death of another person (Class B felony)1
Misdemeanor penalties include up to one year in jail and fines up to $2,000, while felony penalties range from up to 7 years imprisonment for a Class D felony to up to 15 years for a Class B felony1.
Refusing a Chemical Test Under Missouri DWI Law
Missouri, like all states, has implied consent laws. When you receive your driver’s license, you implicitly agree to chemical testing if suspected of DWI. Refusing a breath, blood, or urine test has serious consequences.
| Offense | Refusal Penalty |
| First Refusal | 1-year license revocation |
| Second Refusal (within 5 years) | 1-year license revocation with no possibility of a limited driving privilege for 90 days |
DWI Penalties & Consequences
Penalties for DWI Offenses in Missouri
Penalties for DWIs in Missouri become progressively severe with each conviction:
First Offense
Jail Time: Up to 6 months
Fines: Up to $1,000
License Suspension: 90 days
Other Requirements: SATOP, possible IID
First Offense (BAC ≥0.15%)
Jail Time: Up to 6 months
Fines: Up to $1,000
License Suspension: 90 days
Other Requirements: SATOP, mandatory IID for 90 days
Second Offense
Jail Time: Up to 1 year
Fines: Up to $2,000
License Suspension: 1 year
Other Requirements: SATOP, mandatory IID for 1 year
Third Offense (Felony)
Jail Time: Up to 4 years
Fines: Up to $10,000
License Suspension: 10 years
Other Requirements: SATOP, mandatory IID
Fourth Offense (Felony)
Jail Time: Up to 7 years
Fines: Up to $10,000
License Suspension: Lifetime revocation
Other Requirements: SATOP, mandatory IID if reinstated
Aggravating Factors That Increase Missouri DWI Penalties
In Missouri, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements1:
- High BAC (0.15% or higher)
- DWI with a minor in the vehicle (under 17 years old)
- Causing an accident resulting in injury
- Causing an accident resulting in death
- Refusing to take a chemical test
- Prior DWI convictions within a 5-year period
- DWI while driving on a suspended or revoked license
Driving Without a Valid License
Driving while your license is suspended or revoked in Missouri is a serious offense. If caught driving during a DWI-related suspension, you could face:
- Additional criminal charges (misdemeanor or felony, depending on circumstances)
- Extended suspension periods
- Hefty fines
- Possible jail time
- Ineligibility for a restricted license
- Reset of the waiting period for license reinstatement
These penalties compound your existing DWI issues and make it much harder to get your license back. Instead of risking these consequences, consider alternative transportation options or apply for a restricted driving privilege if eligible.
License Suspension
Who Determines if You Can Continue Driving After a DWI
In Missouri, two separate processes affect your driving privileges after a DWI:
Administrative Process
The Missouri Department of Revenue (DOR) handles the administrative license suspension. This process begins immediately after arrest if you fail or refuse a chemical test, regardless of what happens in criminal court.
Criminal Process
The court system determines criminal penalties, including additional license suspension periods that may be longer than administrative suspensions.
The DOR manages the restricted driving privilege (RDP) program, which allows limited driving with an ignition interlock device installed.
How Long Will Your License Be Suspended?
Getting your license suspended in Missouri means you are no longer allowed to drive a vehicle, unless you obtain a temporary or restricted license during your suspension. Here’s how long your regular license may be suspended for a DWI in Missouri:
| Offense | License Suspension/Revocation Period |
| First DWI | 90-day suspension (30-day hard suspension followed by 60 days with restricted privileges with IID) |
| Second Offense (within 5 years) | 1-year license revocation (minimum 45-day hard revocation before restricted privileges with IID) |
| Third Offense | 10-year license denial (“10-year minimum”) |
| Fourth Offense | Lifetime revocation (may apply for reinstatement after 10 years) |
Steps to Reinstate Your License
- Serve your full suspension or revocation period
- Pay reinstatement fees ($45 for alcohol-related offense)
- Complete SATOP (Substance Abuse Traffic Offender Program)
- Provide proof of insurance via SR-22 form (must maintain for 2 years if required)
- Install an IID if mandated by court or administrative order
- Pass required driver examinations if applicable
Restoring Your Driving Privileges
After a DWI in Missouri, regaining full driving privileges requires meeting specific requirements. The process depends on your specific offense and compliance with court orders. Most people must complete a period of restricted driving before full reinstatement.
Eligibility for a Restricted Driver’s License
Missouri offers limited driving privileges through a Restricted Driving Privilege (RDP) or Limited Driving Privilege (LDP) for those who qualify. Eligibility depends on your driving history and current offense:
- Drivers with a first DWI may be eligible after serving 30 days of their suspension
- Drivers with a second DWI may be eligible after 45 days of their revocation (within 5 years)
- Drivers with multiple DWIs on a 5-year or 10-year denial may become eligible after serving a portion of their revocation
- Those with a chemical test refusal may be eligible after 90 days
You are not eligible if you have a commercial driver’s license (CDL), certain prior offenses, or if you caused a fatal accident while intoxicated.
How to Apply for Temporary Restricted Driver’s License
To apply for a restricted license in Missouri:
- Install an IID on all vehicles you will operate (must be from a state-approved provider)
- Submit SR-22 as proof of insurance coverage if required
- Complete any required portion of your SATOP program
- Pay a $45 reinstatement fee plus a $20 filing fee
- Submit the restricted driving privilege application to the DOR
- Provide documentation of necessity (e.g., employment verification or medical necessity)
Missouri Ignition Interlock Device (IID) Requirements
Missouri has strict requirements regarding ignition interlock devices for DWI offenders:
- The device must be installed by a state-approved provider
- IIDs must be installed on any vehicle you operate, not just vehicles you own
- The device must be maintained with regular calibrations every 30 days
- Any tampering or circumvention attempts are reported to authorities
- Failed tests or missed appointments can extend your required IID period
- First-time offenders with BAC of 0.15% or higher must use an IID for 90 days
- Repeat offenders must use an IID for a minimum of 6 months up to the entire restricted period
- The device must have photo identification capability to verify the user
Selecting the right ignition interlock provider can make a world of difference.
SR-22 Insurance Requirements
After a DWI conviction in Missouri, you may need to maintain SR-22 insurance:
- An SR-22 is a certificate filed by your insurance company to prove you carry the minimum liability coverage
- You must maintain continuous SR-22 coverage for at least 2 years if required
- If your SR-22 coverage lapses, your license will be re-suspended
- SR-22 filings often increase your insurance premiums significantly
- You must notify your insurance company about your DWI conviction
- The SR-22 must be filed directly by the insurance company with the Missouri DOR
- You cannot drive legally without valid SR-22 insurance during the required period
Let us help connect you to the right licensed insurance specialist for you.
Substance Abuse Evaluation and Treatment
Missouri requires DWI offenders to complete the Substance Abuse Traffic Offender Program (SATOP):
- An initial screening determines which level of program you need
- Program levels range from a 10-hour education course to more intensive treatment
- You must pay for the program yourself; costs vary by level
- Completion of SATOP is mandatory for license reinstatement
- The program must be completed at a state-approved provider
- SATOP includes education about alcohol and drug abuse, individual assessment, and may include treatment recommendations
- Failure to complete SATOP will prevent you from restoring your driving privileges
Understand what to expect and how to prepare for a substance abuse evaluation.
FAQs About DWIs in Missouri
Can I refuse a breathalyzer test in Missouri?
Yes, but refusal results in automatic 1-year license revocation under Missouri’s implied consent law.
Do I need an attorney for a first-time DWI?
While not legally required, a DWI attorney can help navigate both administrative and criminal proceedings and potentially reduce penalties.
Will I lose my commercial driver’s license (CDL) after a DWI?
Yes, a DWI results in a 1-year CDL disqualification for first offense and permanent disqualification for a second offense.
Can I get a DWI expunged in Missouri?
First-time DWI offenses may be eligible for expungement after a waiting period, but multiple offenses are generally not eligible.
Sources
- Missouri Department of Revenue – DWI Information, https://dor.mo.gov/driver-license/revocation-reinstatement/dwi.html
- MoDOT Highway Safety, https://www.modot.org/sites/default/files/documents/highway_safety/407789.pdf
- FindLaw – Missouri DWI Laws, https://www.findlaw.com/state/missouri-law/what-are-the-missouri-dwi-laws.html
- NCDD – Missouri DWI Laws, https://www.ncdd.com/missouri-dwi-laws
- MoDOT – Ignition Interlock, https://www.modot.org/ignition-interlock
- Missouri DOR – DWI FAQ, https://dor.mo.gov/faq/driver-license/dwi.html
- Missouri DOR – DWI Information, https://dor.mo.gov/driver-license/revocation-reinstatement/dwi.html
- Missouri DOR – Ignition Interlock Device FAQ, https://dor.mo.gov/faq/driver-license/ignition-interlock-device.html
- Missouri DOR – Insurance, https://dor.mo.gov/driver-license/insurance/
- Missouri Department of Mental Health – SATOP, https://dmh.mo.gov/behavioral-health/satop
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