DWI Laws in Missouri

By Law & Legal & Attorney Last updated Saturday, May/18/2024

Driving drunk can bring legal troubles to drivers in Missouri.wrecked car image by hazel proudlove from Fotolia.com

Like every other state, Missouri has strict regulations and laws when it comes to driving under the influence of alcohol or other intoxicants. Missouri uses the term "driving while intoxicated," though this is sometimes referred to as "driving under the influence," DUI, or just drunk driving. Driving while under the influence of alcohol or any other intoxicant is illegal.

DUI in General

Missouri's driving while intoxicated law is a "per se" law, meaning it is illegal to drive with a blood alcohol content (BAC) of .08 percent or greater.

Missouri has an implied consent law. This presumes any driver of a motor vehicle has given consent to a chemical breath test merely by the act of driving. Any law enforcement officer or agent can request that you take a blood, breath, saliva, or urine test to determine your blood-alcohol content. Refusing to take these tests will automatically result in revocation of your driver's license for one year.

If you have a blood alcohol test with a result of .08 percent or higher, you face a 30-day suspension of driving privileges, followed by 60 days of restricted driving. However, that time may be longer if you have previous DUI convictions.

In addition to restrictions on driving privileges, a Missouri DUI conviction can bring fines, jail time, probation, and mandatory alcohol education programs. Depending on the number of previous DUI convictions, the crime may be either a misdemeanor or felony.

The first-time DUI conviction usually brings a fine. It adds eight points to the person's driving record, along with a possible ignition interlock device on the driver's vehicle, and possible jail time. A first-time DUI is a misdemeanor. A second DUI conviction is also a misdemeanor but the defendant must spend at least two days in jail. Subsequent convictions are felonies, with penalties including at least 10 days in jail and a 10-year Missouri license revocation.