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.  

Administrative Penalties

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.

Criminal Penalties

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.

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