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 license suspension from the Department of Revenue.

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 suspends the driving privilege for 90 days on a first conviction or administrative action.

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 suspension 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 DWI conviction or administrative alcohol action results in a 90-day suspension. The driver may apply for a Restricted Driving Privilege for a suspension, generally requiring an ignition interlock device 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. For criminal enhancement, however, there is no time limit on prior convictions. A second DWI is a class A misdemeanor as a prior offender. The felony threshold is the persistent offender, a driver with two prior intoxication-related convictions, which makes a new DWI a class E felony under RSMo 577.010. An aggravated offender (three priors) faces a class D felony, and a chronic offender (four priors) faces a class C 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 you have just 15 days to request a hearing or file a petition to challenge the refusal revocation.

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 suspension 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, but the statute sets a short deadline, generally requiring a petition for review within 15 days.

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 or, in a refusal case, to file a petition for review, because missing that window generally lets the suspension or revocation take effect. 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. Many people consult a licensed Missouri DWI attorney to understand the charge, the 90-day suspension or one-year revocation, and the Restricted Driving Privilege and interlock options. Keep the arrest paperwork, the notice of suspension, and any test results.