DUI Laws in Missouri

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How much do you have to drink (BAC*) for a DUI in Missouri?

Under 21

.02%

21 or older

.08%

Commercial

.04%

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in Missouri?

Missouri has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Missouri’s implied consent law.

 

1st Offense

2d Offense

3rd Offense

Refusal to take test

1 year license revocation

1 year license revocation; ignition interlock device must be installed

1 year license revocation; ignition interlock device must be installed

What is the minimum jail time?

 

1st Offense

2d Offense

3rd Offense

Minimum Jail

No required minimum jail term

No required minimum jail term

No required minimum jail term

Lookback Period: 5 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

Can you plead to a lesser offense than DUI in Missouri?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Missouri, but it's possible a lawyer may be able to create a plea bargain for you.

Missouri Drunk Driving Fines & Penalties

1st Missouri DUI Offense

First Drunk Driving Conviction

  • Jail – Up to 6 Months
  • Fine- Up to $500
  • License Suspension – 30 Days Full Suspension
  • License Suspension – 60 Days Restricted (After Serving 30 Day Full)
  • $45 License Reinstatement Fee
  • Missouri SR22 Insurance Requirement (Proof of Insurance)
  • Ignition Interlock Device Possible

More Information: First Offense DWI in Missouri

Important Note from the Editor

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

2nd Missouri DUI Offense

Second Drunk Driving Conviction

  • Jail – Up to 1 Year
  • Fine- Up to $1,000
  • License Suspension – 1 Year
  • Ignition Interlock Device Required After Reinstatement
  • License Suspension – 5 Years (If Within 5 Years of Previous)
  • Ignition Interlock Device May Be Allowed after 1 Year
  • Missouri SR22 Insurance Requirement (Proof of Insurance)
  • $45 License Reinstatement Fee

More Information: Second Offense DWI in Missouri

3rd Missouri DUI Offense

Third Drunk Driving Conviction

More Information: Third Offense DWI in Missouri

Get a Free SR-22 Auto Insurance Quote

2010 DUI Laws in Missouri

In 2010, Governor Nixon signed House Bill 1695 into law. The new DUI laws in Missouri are outlined in this summary on the State of Missouri website. These new DUI Laws go into effect in August of 2010.

Drinking and Driving Laws in Missouri

Missouri Drunk Driving and Wet Reckless Laws - Nolo.com

It is illegal in the State of Missouri to drive with a blood alcohol concentration (BAC) of .08 or above. The limit is lower for commercial drivers and drivers under the age of 21. In Missouri a DUI is a DWI, meaning "Driving While Intoxicated". The Missouri DWI law includes alcohol and/or drugs. While the DWI specify's a .08 BAC in the case of alcohol, it is illegal to drive with any amount of a controlled substance such as marijuana or cocaine present in the driver's blood.

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