MISDEMEANOR – DWI

Missouri law, like every state, prohibits the operation of a vehicle while in an intoxicated condition (blood alcohol concentration of .08% or higher). This includes actual physical control of the vehicle, so the vehicle does not have to be in motion. If a driver is in a position to control the movement of the vehicle while intoxicated they can be charged with a DWI.

DWI’s in Missouri come with different penalties and charges based on the BAC level of the driver, as well as the driver’s history. Generally, a first-time DWI offense is a Class B misdemeanor, with a BAC of .15-2% the minimum jail time is 48 hours, and a BAC of more than .2% the minimum jail time is 5 days.

DWI STATUTE

Title XXXVIII Chapter 577.010.

Driving while intoxicated

  1. A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.

2.  The offense of driving while intoxicated is:

(1)  A class B misdemeanor;

(2)  A class A misdemeanor if:

(a)  The defendant is a prior offender; or

(b)  A person less than seventeen years of age is present in the vehicle;

PENALTY OF CONVICTION

Generally, a first-time DWI offense is a Class B misdemeanor, with a BAC of .15-2% the minimum jail time is 48 hours, and a BAC of more than .2% the minimum is 5 days. A person convicted of a first-offense DWI faces fines of up to $1,000. In addition to fines, the driver may be required to pay various fees and court costs.

A second-offense DWI carries a maximum jail sentence of one year with a minimum of 10 days in jail or 30 days of community service. They will also face fines of up to $2,000 along with any subsequent fees and court costs.

In addition to criminal charges, in Missouri, a second-time offender will have their driver’s license revoked for one year as well as a mandatory ignition interlock device and a state-approved substance abuse traffic offender program following license reinstatement.