Missouri DWI Laws

Driving under the influence (DUI) is not a minor traffic offense. Driving intoxicated risks your safety and your life but also endangers everyone around you.

The state of Missouri takes drinking alcohol and driving seriously. Driving while intoxicated (DWI) has significant consequences, including loss of liberty, a suspended or revoked driver's license, and huge fines if convicted. If involved in an accident, you may face dire consequences.

DWI and DUI laws can be complex. FindLaw explains the essential components of Missouri's DWI laws for you.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Missouri Driving While Intoxicated Laws

Under Missouri law, it is illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08% or 0.04% if driving a commercial motor vehicle.

Missouri also prohibits operating a vehicle while intoxicated by:

• Alcohol
• A substance or drug
• A combination of substances that impair or reduce your ability to drive

A vehicle can include a golf cart, ATV, or motorized bicycle.

You are subject to arrest if your vehicle is running, even if you are not in motion.

Per Se DWI Offense

Missouri DWI law recognizes a per se DWI offense called driving with excessive blood alcohol content (BAC). To prosecute you, a per se offense only needs to prove you were operating a vehicle with a BAC at or above the legal limit of 0.08%. Law enforcement does not require evidence of your impairment. You may not feel drunk or be driving erratically, but proof of your BAC level is enough for a conviction.

Implied Consent Law

When you drive, you are agreeing to abide by the law. One law is your implied consent to chemical testing when a police officer suspects you of driving while intoxicated.

Implied consent begins after your arrest on suspicion of DWI. The arresting officer may already have conducted field sobriety testing and a preliminary breath test. However, after your arrest, the officer must collect chemical tests of your breath, blood, saliva, or urine. Law enforcement expects you to cooperate. These tests are evidence against you for court.

Chemical tests establish your BAC level and look for other intoxicants, such as illegal drugs. You may refuse these tests, but there are penalties. You immediately face license revocation for one year, and your refusal is admissible against you in court. You must complete the Substance Awareness Traffic Offender Program before applying for a new license and the driver's exam again.

A license revocation due to chemical test refusal is separate from your criminal case. You must severe this revocation regardless of what happens with your case.

DWI Court Program

Missouri has DWI court programs available for repeat or persistent offenders. If accepted, participants complete the Substance Awareness Traffic Offender Program, make frequent court appearances, and undergo supervision for at least two years. You will wear a continuous alcohol monitoring device or Secure Continuous Remote Alcohol Monitor (SCRAM) for 30 days.

You must maintain employment or continue your education, follow all treatment recommendations, and remain completely sober throughout the program.

Penalties

Penalties are both criminal and administrative. A judge assigns criminal penalties after a DWI conviction. Administrative penalties involve your driving privileges and may begin after your arrest.

If your BAC is 0.15% to under 0.20%, you must serve 48 hours in jail. If it is 0.20% or greater, you will serve at least five days in jail.

Repeat offenders may be subject to continuous alcohol monitoring or frequent testing to confirm continued sobriety.

Enhanced Penalties

Certain factors will increase your penalties. These include:

• If you have a passenger age 17 or younger at the time of your arrest, you will face, at minimum, a Class A misdemeanor charge, even if this is your first offense.
• If your BAC is 0.15% or greater, no part of your sentence is eligible for suspension unless you participate in a DWI court program.
• Having multiple drug or alcohol-related traffic offenses will significantly increase your sentence.

Substance Awareness Traffic Offender Program (SATOP)

Anyone convicted of a drug or alcohol-related traffic offense must complete the Substance Awareness Traffic Offender Program (SATOP). SATOP begins with a substance use screening and assessment. Based on your results, SATOP will develop a treatment and education program for your needs. You may also elect to complete 120 hours of treatment services. At a minimum, 40 hours must be in either individual or group counseling.

Your license will not be eligible for reinstatement until you have completed SATOP.

Administrative License Suspension

An administrative suspension is separate from your criminal charge. The Missouri Department of Revenue will suspend or revoke your driving privileges if you refuse chemical testing or your BAC is at or above 0.8%. The length of your license suspension or revocation depends on your driving record and whether you have a history of drug or alcohol-related offenses.

License Suspension or Revocation?

If your BAC exceeds the legal limit or you refuse chemical tests during your arrest, the state will suspend or revoke your driver's license. A revocation is more serious and requires more corrective steps than a suspension.

• Suspension: Your driving privileges are on hold during your suspension period. Once you complete the term and suspension requirements, you will pay a reinstatement fee to get your license back.
• Revocation: The Department of Revenue cancels your driving privileges. After completing the requirements of your revocation period, you need to retake the entire driver exam. You must also maintain an ignition interlock device for at least six months after reinstatement. Missouri also calls this a "license denial."

You have a 15-day grace period before you must stop driving. You may request an administrative hearing to contest your suspension/revocation.

Restricted Driving Privileges or Limited Driving Privileges?

After serving some of your suspension or revocation periods, you may be eligible for restricted or limited driving privileges. These licenses allow you to drive to specific, reapproved locations, such as work or for substance abuse treatment. You must complete the SATOP program and maintain SR-22 insurance before applying with the circuit court.

• Restricted Driving Privileges (RDP): Your license suspension is 90 days for a first DWI. You are eligible for RDP after 30 days or immediately if you install an ignition interlock device. Alcohol-related contacts, such as an implied consent violation
• Limited Driving Privileges (LDP): This is sometimes called a "hardship license." You may apply for limited driving privileges if your license revocation is due to prior convictions. You will need to install and maintain an ignition interlock device for the duration of your LDP.

Ignition Interlock Devices

An ignition interlock device (IID) is a small appliance that connects to your vehicle's ignition system. When you want to drive, you must breathe into a tube attached to the IID. IIDs have cameras to confirm that you are taking the breath test.

If the device detects an amount of alcohol, the IID locks your vehicle and will not start. Once you are driving, the IID will prompt you to provide additional breath samples to ensure you remain sober.

After a second conviction, you must install an IID in all vehicles you own before your license reinstatement. Once reinstated, you must maintain the IID for at least six months.

Zero Tolerance Law for Underage DWI

It is illegal to have or consume alcohol when under age 21. Intoxicated driving is especially dangerous when you're underage. Alcohol-related traffic accidents are a leading cause of death for those under 21. Missouri enforces a zero tolerance law or "abuse and lose" law for anyone under 21 caught drinking or using illegal drugs.

If law enforcement conducts a traffic stop and your BAC is 0.02% or higher, you face a 90-day license suspension for a first offense. A second offense will result in a one-year license revocation. You could face adult penalties if your BAC is 0.08% or more.

Refusing chemical tests will revoke your license for one year.

You must complete SATOP and retake all driver's exams before reinstatement of your license.

Missouri DWI Resources:

• Missouri DWI Statute: Driving While Intoxicated (VAMS § 577.010); Driving With Excessive Blood Alcohol Content (VAMS § 577.012); Ignition Interlock (VAMS § 302.440)
• Missouri DWI Law Overview: Overview of Missouri's criminal and administrative systems for punishing drugged and drunk driving (Missouri Department of Revenue)
• Strengthening Missouri's DWI Laws and FAQ: Information about DWI law changes with frequently asked questions (Missouri Dept. of Revenue)
• Restricted Driving Privilege — Alcohol: Details on how to qualify and apply for an RDL (Missouri Department of Revenue)
• Limited Driving Privilege: Learn how to qualify for and apply for LDP (Missouri Department of Revenue)

• Ignition Interlock: Locate an approved IID installer (Missouri Department of Transportation)
• Defenses to Drunk Driving: Review possible defenses if you're facing a DUI/DWI (FindLaw)

Get Professional Help With Your DWI Charge

A DWI conviction in Missouri can have a lasting impact on your future. A Missouri DWI attorney can help minimize a DWI's impact on your life and livelihood. An attorney can evaluate your DWI case and provide valuable legal advice. Consider speaking to an experienced Missouri DWI defense attorney near you.