Missouri DWI Laws: Penalties, BAC Limit & License (2026)

In Missouri the offense is called driving while intoxicated (DWI), and under RSMo 577.010 a person commits it by operating a vehicle while in an intoxicated condition. A companion statute, RSMo 577.012, sets the per se rule at a blood alcohol concentration (BAC) of 0.08 percent. A first DWI is a class B misdemeanor punishable by up to six months in jail and a $1,000 fine, plus a 90-day administrative license penalty from the Department of Revenue, of which only the first 30 days is a full suspension.

This guide is part of our DUI Laws by State series.

What counts as a DWI in Missouri

Missouri charges the offense as driving while intoxicated under RSMo 577.010, which applies when a person operates a vehicle in an intoxicated condition, meaning under the influence of alcohol, a controlled substance, a drug, or any combination. The per se number lives in RSMo 577.012, driving with excessive blood alcohol content, which makes it an offense to drive with 0.08 percent or more by weight of alcohol in the blood, or 0.04 percent in a commercial motor vehicle. Because 577.010 reaches actual intoxication, a driver below 0.08 can still be charged if impaired. Drivers under 21 fall under Missouri's zero-tolerance rule with a 0.02 percent limit. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense DWI penalties in Missouri (jail, fines, suspension)

A first DWI is a class B misdemeanor under RSMo 577.010. Under Missouri's sentencing statutes, a class B misdemeanor carries a maximum of six months in jail and a fine of up to $1,000. Courts often grant probation rather than jail for a clean first offense, but the statute bars a suspended imposition of sentence unless the person is placed on probation for at least two years. Higher readings add mandatory jail: a BAC of 0.15 to 0.20 percent carries a minimum of 48 hours, and a BAC above 0.20 percent carries a minimum of five days, unless the person completes a DWI court or court-ordered treatment program. Separately, the Missouri Department of Revenue imposes a 90-day administrative penalty on a first alcohol-related enforcement contact. Under RSMo 302.525 that period runs as 30 days of suspension followed by a 60-day restricted driving privilege, and a driver who files proof that every vehicle he or she operates carries a certified ignition interlock device serves no suspension and completes a 90-day restricted driving privilege instead.

Watch out: The Department of Revenue administrative suspension and the criminal case run on separate tracks. You can resolve the criminal charge and still lose your driving privilege through the administrative action, and you generally must request an administrative hearing within 15 days of the notice of suspension to contest it.

Ignition interlock requirements in Missouri

Missouri ties the ignition interlock device closely to keeping or regaining driving privileges. While a first offender serving the 90-day administrative penalty may seek a Restricted Driving Privilege, the Missouri Department of Revenue requires an approved ignition interlock device on the vehicle as a condition of that restricted privilege and of reinstatement after a DWI suspension or revocation. The device requires a breath sample before the engine starts and at random points during a trip, and it records each reading and any failed start. For repeat offenders the interlock requirement runs longer, and a driver generally must maintain the device for a set period with no violations before the requirement is lifted. Interlock compliance is monitored, and violations can extend the requirement.

License suspension and the administrative process in Missouri

Missouri runs two proceedings at once. The criminal DWI case decides guilt and the jail or fine, while the Missouri Department of Revenue handles the driving privilege through an administrative action that is separate from the court case. A first alcohol-related enforcement contact results in a 90-day administrative penalty. Under RSMo 302.525 the driver is suspended for 30 days and then holds a restricted driving privilege for 60 days, or, on filing proof of a certified ignition interlock device, serves no suspension and holds a restricted driving privilege for 90 days. A restricted driving privilege generally requires the interlock and proof of insurance. The arresting officer typically serves a notice of suspension that also acts as a temporary permit, and the driver must request an administrative hearing within 15 days to contest the suspension. If the driver was convicted or had a suspension for an alcohol-related offense within the past five years, the privilege is instead revoked for one year.

Repeat offenses and the Missouri look-back period

Missouri uses different windows for the license consequence and for criminal enhancement. The Missouri Department of Revenue imposes a one-year revocation when a driver has a prior alcohol-related conviction or suspension within the past five years. Criminal enhancement has its own windows, and they differ by tier. A second DWI is a class A misdemeanor as a prior offender, but RSMo 577.001 subdivision (20) defines a prior offender as a person with one intoxication-related traffic offense that occurred within five years of the offense charged, so that tier is time-limited. The felony tiers are not. The felony threshold is the persistent offender, which RSMo 577.001(18) defines as two or more intoxication-related traffic offenses committed on separate occasions, or one such offense in which the driver was operating while intoxicated and another person was injured or killed. Either route makes a new DWI a class E felony under RSMo 577.010. An aggravated offender (three or more offenses, or two where at least one involved injury or death) faces a class D felony, a chronic offender (four or more offenses, three where at least one involved injury or death, or two that both involved injury or death) faces a class C felony, and RSMo 577.010's ladder goes higher still: a habitual offender faces a class B felony, and a repeat death-causing DWI is a class A felony. DWI causing injury or death is charged separately as a felony regardless of offense number.

Watch out: Refusing the chemical test does not protect your license and usually makes it worse. A refusal triggers a one-year revocation under implied consent, longer than the 90-day suspension for failing the test, and the temporary permit the officer issues is valid for only 15 days, so a petition for review in the circuit court of the county of arrest has to be filed promptly to keep driving.

Refusing a breath or blood test in Missouri

Missouri's implied-consent law provides that by driving in the state you have consented to a chemical test of breath, blood, saliva, or urine if arrested on reasonable grounds for DWI. According to the Missouri Department of Revenue, refusing the test results in a one-year revocation of the driving privilege, separate from the criminal case and applied even without a conviction. That one-year refusal revocation is longer than the 90-day administrative penalty for failing the test, so refusing rarely helps. Officers can also seek a warrant for a blood draw, and the refusal can be used as evidence in the criminal case. A driver who refuses may challenge the revocation by filing a petition for review in the circuit court of the county where the arrest or stop occurred. RSMo 302.574 sets no filing deadline for that petition, but the temporary permit the officer issues is valid for only fifteen days, so the revocation takes effect after that unless the court enters a stay. The separate fifteen-day deadline to request an administrative hearing under RSMo 302.530 belongs to the suspension track for failing a test, not to a refusal.

Can you expunge or seal a DWI in Missouri

Missouri allows expungement of a first DWI under specific conditions. Under RSMo 610.130, a person who pleaded guilty to or was convicted of a first intoxication-related traffic offense that is a misdemeanor or a city or county ordinance violation may petition the court to expunge the record after at least ten years. Eligibility requires that the person had no other intoxication-related traffic offenses or alcohol-related enforcement contacts since the first offense and did not hold a commercial driver's license at the time. A granted expungement restores the person to the status held before the arrest. Felony DWIs and second or later offenses are not eligible under this statute, and the ten-year clock is strict.

What to do after a DWI arrest in Missouri

A Missouri DWI generates two matters at once: a criminal case in court and an administrative license case at the Department of Revenue. The deadlines are short, so a common first step is to note the 15-day window to request an administrative hearing after a failed test and, in a refusal case, that the officer's temporary permit expires after 15 days, which is why a petition for review in circuit court is filed promptly. The criminal case proceeds on its own schedule from arraignment through resolution. General information cannot tell you how a case will come out, since the outcome depends on the specific facts, the test evidence, and the driver's record. Since the outcome turns on those facts, ask a Missouri DWI lawyer for a free consultation on the 15-day hearing request and the Restricted Driving Privilege (attorney advertising). Keep the arrest paperwork, the notice of suspension, and any test results.

More Missouri Laws

• Missouri Expungement Laws
• Missouri Warrant Search

Frequently Asked Questions

What is the BAC limit in Missouri?

The per se limit is 0.08 percent BAC under RSMo 577.012. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a zero-tolerance limit of 0.02 percent. A driver can also be charged below 0.08 under RSMo 577.010 if actually intoxicated.

How long do you lose your license for a first DWI in Missouri?

The Department of Revenue imposes a 90-day administrative penalty on a first offense. Under RSMo 302.525 that is 30 days of suspension followed by a 60-day restricted driving privilege, and if you file proof that every vehicle you operate has a certified ignition interlock device there is no suspension at all, only a 90-day restricted driving privilege. A prior alcohol offense within five years, or a test refusal, brings a one-year revocation.

Is a first DWI a felony in Missouri?

No. A first DWI is a class B misdemeanor and a second within five years is a class A misdemeanor. DWI becomes a felony at the persistent-offender level, which RSMo 577.001 defines as two or more intoxication-related traffic offenses on separate occasions or one such offense in which another person was injured or killed. That is a class E felony under RSMo 577.010.

Do you need an interlock for a first DWI in Missouri?

An ignition interlock device is required as a condition of a Restricted Driving Privilege and of reinstatement after a DWI suspension or revocation. The device records each breath sample and must be maintained without violations for the required period.

What happens if you refuse a breathalyzer in Missouri?

Under implied consent, refusing the chemical test triggers a one-year revocation of your driving privilege, longer than the 90-day administrative penalty for failing the test. The officer's temporary permit is valid for 15 days, and you contest a refusal revocation by filing a petition for review in the circuit court of the county of arrest rather than through the 15-day administrative hearing request that applies to a failed test. The refusal can also be used as evidence.

How long does a DWI stay on your record in Missouri?

A DWI conviction stays on your record unless you qualify to expunge a first offense after ten years under RSMo 610.130. For the Department of Revenue's one-year revocation of repeat offenders, the relevant window is five years, while felony enhancement has no time limit.

Can you get a DWI expunged in Missouri?

A first misdemeanor DWI may be expunged under RSMo 610.130 after at least ten years if you have no other intoxication-related offenses since, no alcohol-related enforcement contacts, and did not hold a commercial license at the time. Felony and repeat DWIs are not eligible.

What is the look-back period for DWI in Missouri?

It depends on the consequence. The Department of Revenue uses a five-year window for its one-year revocation of repeat alcohol offenders, and RSMo 577.001 uses a five-year window for prior offender status, the second-offense class A misdemeanor tier. Criminal felony enhancement under RSMo 577.010 has no time limit, so old DWI offenses still count toward persistent, aggravated, and chronic offender status.