First Offense DWI in Missouri

In Missouri, the legal name for the offense when a person drives a vehicle while impaired is Driving While Intoxicated, also called a DWI. Missouri DWI violations apply when a person drives a vehicle. At the same time, they are intoxicated, in a drugged state, or with a combination of intoxication and drugs. Missouri also has provisions for a separate offense called Driving Under the Influence of Drugs (DUID) when the impairment is from drugs only.

In Missouri, even a first-time DWI offense may lead to severe legal penalties, including license suspension, fines, potential jail time, financial strain, and personal repercussions. These strict measures underscore the state's commitment to the safety of the citizens and deterring impaired driving.

What Qualifies as a First DWI in Missouri?

In Missouri, per Missouri Revised Statutes § 577.010, a first-time DWI, which is classified as a Class B misdemeanor, is committed when an individual operates a vehicle while intoxicated or in a drugged condition while having no prior convictions. Intoxication is defined as being under the influence of alcohol, a drug, a controlled substance, or these substances in any combination.

The adult (age 21 and over) individual's blood alcohol content (BAC) at this point is 0.08% or higher, between 0.15% and 0.20%, or over 0.20%. For persons under 21 and commercial drivers, the legal BAC limit is stricter at 0.02% and 0.04%, respectively.

Missouri law enforcement officers determine driver impairment through multiple methods, including breathalyzer tests, field sobriety tests (FST), and officer observations.

FST tests include tests such as:

• Horizontal Gaze Nystagmus (HGN), which tracks eye movement
• Walk-and-turn which requires walking in a straight line and turning
• One-leg stand, which requires balancing on one foot

Officers observing will look out for:

• Slurred speech, bloodshot eyes, smell of alcohol or drugs
• Erratic driving behavior and inability to follow or answer questions clearly

When law enforcement officers suspect drug impairment, they may request a blood or urine test to detect the substance.

Note: Even when a driver's BAC test falls below the threshold, law enforcement may still charge them with DWI if they exhibit any signs of impairment.

Possible Penalties for a First Offense DWI in Missouri

Possible penalties for a first offense DWI in Missouri include:

• Jail time of up to six months and fines of up to $500
• DWI in Missouri is classified as a Class B misdemeanor, and the offender's license is suspended for 30 days, after which they are placed on a 60-day restricted driving period
• Points are placed on the offender's driving record, with eight points for a criminal DWI conviction.
• An ignition interlock Device (IID) may be required to restore driving privileges ahead of suspension timeframes
• There may be additional penalties that may be more severe if a child is in the car
• Where BAC is from 0.15% to 0.20%, offenders serve a minimum of 48 hours in jail, while where BAC is over 0.2%, it will lead to a minimum of five days in jail

Do You Lose Your License for a First DWI in Missouri?

Yes, in Missouri, a driver's license may be suspended immediately upon arrest for a first-time DWI offense, not just after conviction. A failed chemical test will result in the Missouri Department of Revenue initiating an administrative suspension for 30 days, leading to 60 days of restricted driving with a limited license. Refusing to take a chemical test leads to a one-year license revocation.

Drivers serving license suspension may apply for Restricted Driving Privilege (RDP) or Limited Driving Privilege (LDP), which will require the installation of an IID and enrollment in a mandatory education and treatment program called the Substance Abuse Traffic Offender Program (SATOP).

What Is the Implied Consent Law in Missouri and How Does It Affect First DWI Cases?

The implied consent law in Missouri means that any driver driving on Missouri roads has already agreed to submit to a chemical test through breath, blood, or urine if an officer has reasonable grounds to demand a test. Refusing to follow a request for a test, even for the first time, leads to a Chemical Refusal Revocation, which is a one-year driver's license revocation and is separate from criminal charges. The driver will be eligible for a Restricted Driving Privilege (RDP) after 90 days and will be required to enroll in SATOP and install an ignition interlock device.

A refusal may impact the defendant's case in court, as prosecutors may argue that it indicates guilt. Individuals may contest the revocation by requesting an administrative hearing within 15 days of receiving the revocation notice.

Is an Ignition Interlock Device Required for a First DWI Offense in Missouri?

Per Missouri law, installation of an ignition interlock device (IID) after a first DWI is not mandatory for all offenders, but it must be imposed for a second or subsequent offense. However, the courts will consider other factors such as BAC levels higher than 0.15%, prior moving violations, presence of a child passenger, and refusal of chemical testing for a first-time DWI before imposing an IID.

Where an IID is ordered, it must remain installed for at least six months from the date the driver's license is reinstated. Offenders are responsible for installation, monitoring, maintenance fees, and monthly visits to a state-certified installer to ensure the device's continued proper functionality.

Can a First DWI Be Dismissed or Reduced in Missouri?

A first DWI is not automatically dismissed in Missouri. However, under certain circumstances, prosecutors and courts may apply discretion and reduce or defer the charges. The options include a plea to a lesser offense, such as reckless driving, which is not alcohol alcohol-related and will avoid a DWI conviction, even though fines will still apply. A judge may also grant a Suspended Imposition of Sentence (SIS), which withholds a conviction and vacates the conviction as long as the offender completes a two-year probation.

In some cases, the defense attorney may file motions to challenge the evidence and question the proper administration of the breath test or the police stop, with the aim of having the prosecution dismiss the charges.

Generally, dismissal or reduction of charges is decided on a case-by-case basis. The courts will consider factors such as driving record, BAC level, compliance with treatment, and other circumstances.

Long-Term Consequences of a First DWI

A DWI conviction in Missouri stays on the individual's criminal record and driving record until it is expunged, and expungement for a first offense is only available after ten years of a clean record per Revised Statutes of Missouri RSMo § 610.130. Insurance companies regard DWI convicts as high risk, and their premiums are increased by 40 to 50% for up to three to five years after conviction.

A DWI may limit opportunities for job roles and professional licensing. Employers (especially in logistics, delivery services, and transportation) also carry out background checks and may deem persons with a DWI ineligible for hiring or promotions.

Do You Need a DWI Attorney in Missouri?

Hiring an experienced attorney in Missouri after a DWI charge may significantly improve the defendant's case. Experienced attorneys may successfully challenge improper stops, faulty breath tests, and field sobriety procedures. They may also reduce charges or make a case for alternative sentencing, ensuring the defendant's procedural rights are preserved. Their legal expertise may help minimize penalties, preserve driving privilege, and limit long-term consequences.