Missouri DWI Laws and the Consequences of Misdemeanor and Felony Convictions

The penalties you'll face for a DWI conviction in Missouri depend mainly on the number of prior convictions you have, though other factors are also relevant. This article explains Missouri's DWI laws and the penalties you'll face for a first, second, third, and felony conviction.

Missouri's DWI Laws

Missouri's DWI laws prohibit all motorists from operating or driving a motor vehicle:

• with an excessive blood alcohol concentration (BAC), or
• while in an intoxicated condition—being under the influence of any combination of alcohol or drugs.

(Mo. Rev. Stat. §§ 577.001, 577.010, 577.012 (2025).)

Any BAC of at least .08% is considered excessive. The BAC threshold is reduced to .04% if the licensee is driving a commercial vehicle. (Mo. Rev. Stat. § 577.012 (2025).)

Getting a DWI Without Actually Driving

In Missouri, a motorist can get a DWI even without actually driving. Instead, a person needs merely to operate a vehicle. Missouri courts have ruled that turning on the engine qualifies as operation under Missouri's DWI laws. So, if you're intoxicated and turn on the engine without putting the car in motion, you could be convicted of DWI. (State v. Parrish, 684 S.W.3d 752 (Mo. Ct. App. 2024).)

First DWI Penalties

A DWI is considered a first offense if the driver has no prior DWI convictions within the past five years and no more than one prior DWI conviction at any time. A first DWI is a class B misdemeanor and carries:

• up to six months in jail
• up to $1,000 in fines, and
• a 30-day license suspension followed by a 60-day restricted license.

(Mo. Rev. Stat. §§ 302.525, 558.002, 558.011, 577.010, 577.012 (2025).)

However, for drivers with a BAC of .15% or more, there's a minimum 48-hour jail term. And drivers with a BAC greater than .20% must serve at least five days in jail. (Mo. Rev. Stat. § 577.012 (2025).)

Second DWI Penalties

A DWI is considered a second offense if the driver has one DWI within the last five years. A second DUI is a class A misdemeanor and carries:

• 10 days to a year in jail
• up to $2,000 in fines
• a license revocation for five years, and
• a minimum ignition interlock device (IID) requirement of six months.

(Mo. Rev. Stat. §§ 302.060, 302.440, 558.002, 558.011, 577.010, 577.012 (2025).)

If the judge orders a period of probation, the driver will also need to perform community service. (Mo. Rev. Stat. §§ 577.010, 577.012 (2025).)

Third DWI (Felony) Penalties

A person convicted of a third DWI is considered a "persistent offender." (Mo. Rev. Stat. § 577.001 (2025).)

A third-offense DWI is a class E felony in Missouri and carries:

• 30 days to 4 years in jail
• up to $10,000 in fines
• a 10-year license revocation, and
• a minimum IID requirement of six months.

(Mo. Rev. Stat. §§ 302.060, 302.440, 558.002, 558.011, 577.010, 577.012 (2025).)

If the judge orders a period of probation, the driver will also need to perform community service. (Mo. Rev. Stat. §§ 577.010, 577.012 (2025).)

Felony DWI Charges in Missouri

As noted above, a third and subsequent DWIs are felonies. But a DWI can also be elevated to a felony if it involves serious injuries or deaths.

DWI Felony Injury Accidents

With no prior convictions, a DUI involving criminal negligence and injuries (non-serious) to another person is a class E felony. The same offense committed with non-serious injuries to law enforcement or emergency services personnel or serious injuries to any person is a class D felony. Finally, if a DUI offender acts with criminal negligence and causes serious injury to an officer or emergency services worker, the offense will be a class C felony. (Mo. Rev. Stat. § 577.010 (2025).)

DWI Felony Fatal Accidents

DUI offenders with no prior convictions who act with criminal negligence and cause the death of another person generally face class C felony charges. If the victim was law enforcement or emergency services, the offense is a class B felony. Causing the death of two or more people or one person with a BAC of .18% or more is also a class B felony. (Mo. Rev. Stat. § 577.010 (2025).)

Class B, C, D, and E Felony Penalties

In addition to a license revocation, post-release probation, fines, and IID requirements, a person convicted of a felony DWI will face the following prison sentences and fines:

• Class B Felony. 5 to 15 years in prison.
• Class C Felony. 3 to 10 years in prison.
• Class D Felony. Up to 7 years in prison.
• Class E Felony. Up to 4 years in prison.

(Mo. Rev. Stat. § 558.011 (2025).)

Underage DUI Laws and Penalties

Missouri doesn't have a specific underage DUI criminal offense like some states. Instead, an offender can be charged criminally for underage consumption and lose driving privileges for consuming alcohol. Of course, an underage driver with a BAC of .08% or more—or who's under the influence of alcohol or drugs—can be charged with a standard DUI offense and will face standard DUI penalties.

A person who's younger than 21 who's visibly intoxicated, or who has a BAC of .02% or more, can be charged with "minor in possession" (MIP). In other words, a MIP doesn't require possession of an alcohol bottle but can instead be based on the alcohol within the person's body. (Mo. Rev. Stat. § 311.325 (2025).)

A first MIP is a class D misdemeanor and carries a maximum fine of $500. A second or subsequent MIP is a class A misdemeanor and carries up to one year in jail and a maximum of $2,000 in fines. The court will also order the driver's license to be suspended, the length of which depends on the number of prior alcohol-related offenses. (Mo. Rev. Stat. §§ 302.400, 302.505, 311.325, 558.002, 558.011 (2025).)

Implied Consent and Refusing a Blood or Breath Test in Missouri

Missouri's "implied consent" laws require all drivers lawfully arrested for a DWI to submit to a blood, breath, urine, or saliva test. (Mo. Rev. Stat. § 577.020 (2025).)

Motorists who refuse testing face a one-year revocation. This suspension is separate from a DWI conviction suspension and may be enforced in addition to any other driver's license limitations. (Mo. Rev. Stat. § 302.574 (2025).)

Plea Bargaining in Missouri DWI Cases

The penalties and repercussions of a DWI can be daunting. However, unlike many other states, Missouri doesn't strictly prohibit dismissal or pleading down of a DWI charge. Talk to an experienced DWI attorney about the options in your case.