Missouri DUI Laws

Missouri, like most states, has what is referred to as an implied consent law. When you obtain a Missouri driver’s license, you are agreeing to submit yourself to a breath, blood, or urine test to determine if you are driving while under the influence (DWI). Refusal to be tested can result in penalties which are consistent with the drunk driving laws of the state. Your license may be revoked for one year if you refuse to take the chemical test when you are suspected of driving while under the influence of alcohol or drugs. Any amount of a controlled substance such as drugs will get you convicted of a DWI in the state of Missouri. You can be arrested even if you don’t show obvious signs of intoxication and convicted of a DWI in Missouri without the chemical tests. The influence can be drugs, alcohol, or a combination of the two which includes inhalants. Missouri takes DWI offenses very seriously. These penalties will include jail time, community service, suspended license and the ignition interlock device (IID) installed on your vehicle, assessments, fees, and fines. There is a zero tolerance policy in place for underage drinkers with the drinking age set at 21.

It is considered a crime in Missouri to operate a vehicle with a Blood Alcohol Content (BAC) of .08% or higher. Sentences are more severe for persons found to have a BAC of 0.15% or more. The “Per Se” BAC does not need any other proof of intoxication other than the 0.08% level for you to be convicted. The enhanced penalties applied to individuals with 0.15 to 0.20% will include more jail time, harsher fines and driver’s license sanctions.

Missouri law states that drivers under 21 may not be 0.02% or more. DWI’s will be issued to underage drinkers with a BAC of anything more than 0.0%. In some cases this amounts to the same as the prescribed dose of over the counter cough medicine.



The first conviction will result in up to 6 months of jail time and possibly $500.00 in fines. Your license will also be completely suspended for 30 days and then an additional 60 days on a restricted license. You will have to pay a $45.00 reinstatement fee to get your license back and provide proof that you have the Missouri SR22 insurance coverage. You may also have to install the IID on your vehicles at your own expense.

Your second conviction will result in up to one year of jail time as well as pay fines up to $1,000.00. Your license will be suspended for one year and the IID will be required on your vehicles after your license is reinstated. If the second offense occurs within five years of the first offense, your license can be suspended for five years. You may be able to get your license back with the IID installed on your vehicle after you have served one year of the license suspension. You will have to obtain SR22 insurance and pay a $45.00 reinstatement fee.

Your third drunk driving offense in the state of Missouri will result in a possibility of four years in jail $5,000.00 in fines. Your driver’s license will be revoked for 10 years. You will be required to obtain SR22 insurance and install the IID on your vehicle at your own expense. In order to get your license back you will also be required to pay a $45.00 reinstatement fee. The best policy to follow is don’t drink and then operate a motorized vehicle. You can avoid the jail time, the loss of your license as well as the expenses involved in installing the IID on your vehicles.