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.
Driving while intoxicated
- 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.