Second Offense DWI in Missouri
In Missouri, a DUI is also known as a “DWI” (“Driving While Intoxicated”) will count as a "second offense if it occurred within five years of a previous DWI conviction.
If you are convicted of a second DUI offense, the following administrative penalties will occur:
- Driver’s license is suspended for 5 years if your first offense was within the previous 5 years of current offense.
- An ignition interlock device provided at your own expense is required after reinstatement of your license.
- $45 License Reinstatement Fee.
If you are convicted of a second DUI offense, the following criminal penalties are possible:
- A jail sentence of up to 1 year.
- A fine of up to $1,000.
- Driver’s license is suspended for 1 year.
The Lookback Period
Missouri courts look back 5 years to see if you had a prior drunk driving conviction before counting a conviction as a second one. If this is your second drunk driving conviction in a 5-year period, the penalties mentioned above will apply.
Felony vs. Misdemeanor in Missouri
If you are under the influence of drugs or alcohol while operating a motor vehicle and cause physical injury to another person, you will be guilty of second degree assault, a Class C Felony, which carries a prison term of up to 7 years. If your accident while under the influence does not cause physical injury to anyone, your accident will be considered a misdemeanor and only the above penalties will apply.
Obtaining Legal Help
Because of the harsh effects that a second conviction can incur in Missouri, you may benefit from the advice of an attorney.