Missouri DWI and Missouri DUI

First Offense:
DWI DUI CRIMINAL CHARGES: A first offense for driving while intoxicated, also known as "DWI", or for operating a motor vehicle with excessive blood alcohol content, also known as "BAC", is a class B misdemeanor, and is punishable by up to 6 months in the county jail, a $500.00 fine, or both.  
DWI DUI DRIVER'S LICENSE CONSEQUENCES:  If you have not had any previous alcohol-related convictions or suspensions in the five year period preceding your current arrest, the suspension period will be 30 days, during which you are not allowed to drive at all, followed by a 60 day period when you may drive only in connection with your occupation or employment.  If you refused the breath test you will be revoked for one year. There are some counties in Missouri (i.e., Jackson County) wherein you may file an appeal in the Circuit Court and if you have not had any priors for DUI or any other serious crime, you may be eligible for a diversion of your driver's license suspension. You may be required to plead guilty to the underlying criminal charge of DUI or DWI to accomplish this but most counties are OK with a suspended imposition of sentence, which still allows you to keep it off your criminal record despite your guilty plea.

Second Offense:
DWI DUI CRIMINAL CHARGES:  A second offense for DWI or BAC within five years of the first violation is a class A misdemeanor and is punishable by up to 1 year in jail, a $1,000 fine, or both.
DWI DUI DRIVER'S LICENSE CONSEQUENCES:  If you have a previous DWI or BAC conviction, administrative alcohol suspension or chemical refusal on your driving record within the past five years, the revocation period will be for one year, and you will not be eligible for a hardship license.  However, any person who receives two convictions for driving while intoxicated in a five-year period will have their license revoked and they are not eligible for reinstatement for a period of five years. On a five-year denial, you may apply for a hardship privilege after two years, provided that neither of the convictions were felonies, and provided that you are not otherwise ineligible because of having twice refused the breath or blood test, etc.

 

Third Offense:
DWI DUI CRIMINAL CHARGES:  A third conviction for either DWI or BAC (within your lifetime) is a class D felony and is punishable by up to 4 years in prison, a $5,000 fine, or both. (the old law used to require that the first offense occurred within 10 years of the 3rd offense, but now it is a lifetime look back)
DWI DUI DRIVER'S LICENSE CONSEQUENCES:  Any person who receives three or more convictions for any combination of DWI or BAC (operating a motor vehicle with a blood alcohol content of .08% or more) within a lifetime will have their license revoked and they are not eligible for the return of the license for a minimum of 10 years.  On a ten-year denial, you may apply for a hardship privilege after three years, with the same exceptions as above.

 

Fourth Offense:
DWI DUI CRIMINAL CHARGES:  A fourth conviction for either DWI or BAC (within your lifetime) is a class C felony and is punishable by up to 7 years in prison, a $5,000 fine, or both. You are now classified as an "aggravated offender"
DWI DUI DRIVER'S LICENSE CONSEQUENCES:  Implications are the same as for a third offense, if you receive three or more convictions for any combination of DWI or BAC (operating a motor vehicle with a blood alcohol content of .08% or more) within a lifetime you will have your license revoked and you are not eligible for the return of the license for a minimum of 10 years.  On a ten-year denial, you may apply for a hardship privilege after three years, with the same exceptions as above. In order to have your license reinstated after a 10-year denial you are required to file a petition requesting the reinstatement of your license in the Circuit Court and submit yourself to questioning by the Judge and/or Prosecutor that you have mended your drinking and driving past and will not be a problem in the future.

 

Fifth Offense:
DWI DUI CRIMINAL CHARGES:  A fifth or subsequent conviction for either DWI or BAC (within your lifetime) is a class B felony and is punishable by a term of years of not less than five years, and up to 15 years in prison. You are now classified as a "Chronic Offender"
DWI DUI DRIVER'S LICENSE CONSEQUENCES:  Very similar to the consequences of a fourth offense.  There is even a higher probability of a ten year denial of your license, and you must follow the same protocol to have your license reinstated after serving your 10 year revocation.

Zero Tolerance revocations/Under 21 years of age

If you take the test and fail between .02 to .08, your license will be suspended for 60 days on a first offense and 90 days on a second or subsequent offense.  If you refuse, a one year suspension on a first offense and 2 years on a second offense with no opportunity for a temporary license.