DUI Laws in Missouri: Penalties, BAC Limits & License Suspension

In Missouri, the offense is called Driving While Intoxicated (DWI) under Missouri Revised Statutes (RSMo) 577.010, with a related per se offense — driving with excessive blood alcohol content — under RSMo 577.012. The standard per se limit is 0.08% BAC for drivers 21 and over. If you refuse a breath, blood, saliva, or urine test after a lawful DWI arrest, Missouri's implied consent law triggers an automatic one-year license revocation — separate from and in addition to any criminal case. And if you were arrested, the clock is already running: you have only 15 days from the date on your Notice of Suspension/Revocation of Driving Privilege (Form 2385) to request a hearing with the Missouri Department of Revenue to contest an administrative license action. Miss that window and you lose the right to challenge it.

This page explains what Missouri calls this offense, its BAC thresholds, what happens to your license before you ever see a judge, and what a first-offense conviction can mean. It is general information, not a substitute for advice from a Missouri-licensed defense attorney about your specific case.

What DWI is called in Missouri

Missouri law uses the term Driving While Intoxicated (DWI), not DUI, OWI, or OVI. You may see two related statutory offenses:

• RSMo 577.010 — Driving While Intoxicated: operating a vehicle while under the influence of alcohol and/or drugs, proven through observation, field sobriety tests, and other evidence, regardless of a specific BAC number.
• RSMo 577.012 — Driving with Excessive Blood Alcohol Content: the "per se" offense based purely on a chemical test result at or above the legal limit.

Prosecutors can charge either or both depending on the facts of your stop.

Missouri's per se BAC limits

• 0.08% or higher — the standard per se limit for drivers 21 and older, per the Missouri Department of Revenue and RSMo 577.012.
• 0.04% or higher — the limit for commercial driver's license (CDL) holders operating a commercial motor vehicle. A CDL violation disqualifies you from commercial driving for a full year even on a first offense.
• 0.02% or higher — Missouri's zero-tolerance standard for drivers under 21, per the Department of Revenue's administrative alcohol rules. This is far below the adult limit — even a small amount of alcohol can trigger action against a minor's license.
• 0.15% or higher — an enhanced threshold under Missouri's DWI sentencing statute. For a first offender not granted a suspended sentence, a BAC of 0.15% to 0.20% can carry a mandatory minimum of 48 hours' imprisonment (or community service in lieu, at the court's discretion), and a BAC above 0.20% a mandatory minimum of five days. This functions similarly to what other states call an "aggravated" or "high-BAC" DWI.

Confirm the current numbers against the Missouri Department of Revenue or RSMo Chapter 577 before relying on them, since statutes can be amended.

Implied consent and test refusal

By driving in Missouri, you've already given "implied consent" to chemical testing if lawfully arrested for DWI. Refusing a test does not avoid consequences — it creates its own:

• First refusal: automatic one-year revocation of your driving privilege (a "Chemical Revocation"), handled administratively by the Department of Revenue, independent of whether you're later convicted or acquitted of DWI.
• Your refusal can be used against you in the criminal case as evidence.
• Refusal does not make the DWI case go away — officers can often still pursue a warrant for a blood draw, and you still face criminal charges based on other evidence (driving pattern, field sobriety tests, officer observations).

This is general information about what refusal triggers — it is not advice to refuse or to submit, and the right decision depends on your specific circumstances and legal advice.

Administrative License Suspension: the 15-day deadline you cannot miss

Separate from the criminal case, the Missouri Department of Revenue can suspend or revoke your driving privilege administratively — based on a failed or refused test — before you are ever convicted of anything. This is sometimes called "administrative alcohol" action.

• After a qualifying arrest, you should receive a Notice of Suspension/Revocation of Driving Privilege (Form 2385), typically with a temporary 15-day driving permit if your license was taken.
• You have 15 days from the date that notice is issued to submit a written request for a hearing to the Missouri Department of Revenue, ATTN: General Counsel's Office, PO Box 475, Jefferson City, MO 65105-0475 (a fax number is also provided for the same deadline). The written request must be received or postmarked within the 15 days.
• If you do not request a hearing within 15 days, the administrative action becomes final and you lose the right to contest it.
• If you do request a hearing in time, you can generally keep driving until the Department issues a decision.

Do not assume your criminal defense attorney or the court will handle this for you automatically — the administrative deadline runs on its own track, and 15 days passes quickly. If you were just arrested, treat this as the most time-urgent task on your list.

First-offense DWI penalties in Missouri

A first DWI is typically charged as a class B misdemeanor under RSMo 577.010. Based on the statute and Department of Revenue guidance:

• Jail exposure: up to 6 months is the statutory ceiling for a class B misdemeanor. There is generally no mandatory minimum jail time for a straightforward first offense below 0.15% BAC, but a BAC of 0.15% to 0.20% can trigger a mandatory minimum of 48 hours, and above 0.20% a minimum of five days, unless the court grants a suspended sentence or orders community service or a DWI court/treatment program instead.
• Fines: a monetary fine applies to a class B misdemeanor conviction. Exact statutory caps have shifted over time with misdemeanor-fine reforms — confirm the current maximum with the Missouri Revisor of Statutes (Chapter 577 and Chapter 558/560) or a local defense attorney rather than relying on a specific dollar figure here.
• License suspension: for a first alcohol-related administrative action where a chemical test showed a BAC over the legal limit (and no qualifying prior alcohol offense in the past five years), Missouri's administrative process typically imposes a 90-day suspension — commonly structured as 30 days of no driving followed by 60 days of restricted driving (limited to work, school, or substance-abuse treatment).
• Ignition interlock device (IID): Missouri generally requires an IID to obtain a restricted or limited driving privilege during an alcohol-related suspension, and a court may order one on a first offense; for a second or subsequent intoxication-related offense, an IID becomes mandatory for a minimum period following reinstatement.
• Probation: if a court grants a suspended imposition of sentence on a first offense, Missouri law requires a minimum probation period of two years, or, in jurisdictions with a DWI court, successful completion of a court-ordered treatment program.

These figures describe the general statutory pattern. Actual outcomes vary by county, prosecutor, judge, and your criminal history — confirm current numbers with the Missouri Department of Revenue, RSMo Chapter 577, or a Missouri defense attorney.

Lookback period: how long a prior DWI counts against you

Missouri treats the lookback differently depending on the enhancement:

• 5 years — a single prior intoxication-related traffic offense within 5 years of the current offense makes you a "prior offender," raising the current charge to a class A misdemeanor.
• No fixed window for the felony tiers — once you reach the persistent-offender level and above, Missouri counts qualifying prior intoxication-related offenses that occurred on separate occasions, and current law does not apply the 5-year washout that governs the lower "prior offender" bump.

Because of this, a DWI from many years ago can still matter for a felony enhancement — do not assume an old conviction has "washed out." Confirm how your priors are counted against RSMo 577.001 or with a defense attorney.

When a Missouri DWI becomes a felony

Missouri's DWI statute (RSMo 577.010, using the offender definitions in RSMo 577.001) creates escalating felony categories based on how many intoxication-related traffic offenses you have on separate occasions:

• Persistent offender — two or more intoxication-related traffic offenses (in practice, a third DWI), or one offense in which another person was injured or killed: a class E felony.
• Aggravated offender — generally three or more qualifying offenses: a class D felony, with a mandatory minimum period of imprisonment before probation or parole eligibility.
• Chronic offender — generally four or more qualifying offenses: a class C felony.
• Habitual offender — generally five or more qualifying offenses: a class B felony.

Separately, causing serious injury or death while intoxicated can be prosecuted under Missouri's assault and involuntary manslaughter statutes rather than the basic DWI statute, and carries substantially more severe felony penalties. If a child was in the vehicle, that fact can be used against you and may support additional charges depending on the circumstances — confirm with a defense attorney whether it applies as a separate enhancement in your case, since the exact statutory treatment can depend on the specifics.

What to do after a DWI arrest in Missouri

1. Note the date on your Notice of Suspension/Revocation (Form 2385). You have only 15 days from that date to mail or fax a written request for an administrative hearing to the Missouri Department of Revenue. This is the single most time-sensitive step — missing it forfeits your right to contest the suspension.
2. Request the administrative hearing in writing and keep proof of mailing or your fax confirmation.
3. Get your case number and court date for the separate criminal DWI charge — this proceeds independently of the administrative license matter.
4. Contact a Missouri-licensed criminal defense attorney promptly, ideally within days, since both the administrative deadline and early defense strategy (evidence preservation, requesting records) are time-sensitive.
5. Ask about a limited or restricted driving privilege for work, school, or treatment if your license is suspended, and clarify whether an ignition interlock device will be required to obtain one.
6. Do not drive on a suspended or revoked license while the case is pending — doing so typically creates new, separate criminal exposure.
7. Verify every deadline and number in this guide against the Missouri Department of Revenue, the Missouri Revisor of Statutes (Chapter 577), or your attorney, since court dates, hearing procedures, and statutory amounts can change.

This article is general legal information about Missouri law, not legal advice for your specific situation — consult a Missouri-licensed criminal defense attorney about your case.