Second Offense DWI in Missouri

According to MO Rev Stat §577.023, a second Driving While Intoxicated (DWI) offense occurs when a person previously convicted of an intoxication-related traffic offense within the past five years is found guilty of operating a motor vehicle while intoxicated. A second DWI in Missouri carries harsher penalties than a first one. This increased punishment proves the state frowns against repeat DWI violations and seeks to safeguard public safety.

Is a 2nd DWI a Felony in Missouri?

No, a 2nd DWI is a class A misdemeanor (MO Rev Stat § 577.010). However, the punishment becomes a felony when aggravating factors are present. For example, a 2nd DWI offense escalates to:

• A class E felony if the offender acts with criminal negligence to cause physical injury to someone else while driving while intoxicated.
• A class D felony if the offender, through criminal negligence, causes physical injury to a law enforcement officer or emergency responder, or causes serious physical injury to someone else while driving under the influence of alcohol or drugs.
• A class C felony if the offender, through criminal negligence, causes serious physical injury to emergency personnel or a law enforcement officer, or causes someone else to die while driving under the influence of alcohol or drugs.
• A class B felony if the offender, through criminal negligence, causes the death of a law enforcement officer, emergency personnel, a non-passenger, two or more persons, or any person while having a BAC of at least 0.18%.
• A class A felony if the defendant, through criminal negligence, causes the death of a law enforcement officer, emergency personnel, a non-passenger, two or more persons, or any person while having a BAC of at least 0.18% and a prior conviction for the same offense.

What is the Lookback Period for a Second DWI in Missouri?

Missouri does not have a lookback period. This means a previous DWI conviction can enhance penalties for subsequent DWIs regardless of the time between convictions. However, those whose first conviction occurred within the last 5 years may have harsher penalties. For example, the Missouri Department of Revenue (DOR) can deny the offender's driver's license for 5 years.

What are Aggravating Factors in a Second DWI?

The aggravating factors that may increase the penalties of a second DWI in Missouri include:

• Alcohol or blood test refusals
• The death of another person while having a BAC of at least 0.18%
• Physical injury or serious physical injury to someone else
• Physical injury or serious physical injury to a law enforcement officer or emergency responder
• The death of a law enforcement officer, emergency personnel, another person, a non-passenger, or two or more persons.

What Happens If You Get a 2nd DWI in Missouri

The possible penalties of a 2nd DWI in Missouri are:

• A $45 driver's licence reinstatement fee
• Installation of an ignition interlock device
• A maximum fine of $2,000 (MO Rev Stat § 558.002)
• Participation in a drug or alcohol treatment program
• A maximum imprisonment of one year (MO Rev Stat §558.011)
• Possible requirement of SR-22 (high-risk) automobile insurance
• Suspension or revocation of driver's license (MO Rev Stat § 302.505)
• Continuous alcohol monitoring or verifiable breath alcohol testing four times daily

How Long Does a Second DWI Stay On Your Record in Missouri?

A second DWI conviction in Missouri remains permanently on a person's driving record and is not eligible for expungement, meaning it can be seen during background checks. A second DWI can affect a person's professional licenses, employment opportunities, housing, and personal reputation.

How Much Does a Second DWI Cost in Missouri

The maximum fine for a second DWI is $2,000, which can be significantly higher if aggravating circumstances are present. For example, the fine can increase to $10,000 if the defendant acts with criminal negligence to cause physical injury to someone else while driving while intoxicated. A second DWI also attracts additional court fees and administrative costs, including:

• A $45 driver's licence reinstatement fee
• A $20 ignition interlock device reinstatement fee
• A convenience fee of 2.0% plus $0.25 per card transaction for card payments
• The Alcohol Drug Education Program (ADEP) costs $200
• The Drug Education Program (DEP) costs $125
• Marijuana 101 costs $75
• Substance Abuse Traffic Offender Program (SATOP) costs a $375.00 screening fee, plus the program's cost.

Chances of Going to Jail for a Second DWI in Missouri

There is a high chance of going to jail for a second DWI in Missouri. The penalty for such an offense is a maximum jail term of one year. However, this jail term can increase to 30 years or life imprisonment if the offense resulted in the death of an emergency personnel, law enforcement officer, two or more persons, or a non-passenger.

Driver's License Suspension for a Second DWI in Missouri

The Missouri Department of Revenue (DOR) will revoke the driver's license of a second DWI offender for one year. However, if the first offense occurred within five years, the offender may receive a five-year denial. The offender may be eligible for restricted driving privileges if they file proof with DOR that all motor vehicles they operate have an installed ignition interlock device.

Ignition Interlock Device Requirement

An Ignition Interlock Device (IID) is a breath-testing device connected to a vehicle that measures a driver's blood alcohol concentration (BAC) before driving. A second DWI offender whose driving record shows that the first offense occurred more than 5 years ago may be required to install an IID on all their vehicles for 90 days as a condition of operating a motor vehicle. However, an offender whose driving record shows that the first DWI offense occurred within 5 years may be required to install an IID on all their cars for one year. After the offender's driver's license is reinstated, they may be required to further maintain the IID on all their vehicles for another 6 months. The reinstatement date will be extended if there are any violations.

DWI School and Substance Abuse Treatment

A DWI Court may require a second offender to complete alcohol and drug programs as part of the conditions of their probation. Some of the common programs include:

• Alcohol Drug Education Program (ADEP): This is a two-day program for offenders below 21 years old with alcohol related convictions. The fee is $200.
• Drug Education Program (DEP): This is a two-day program for offenders 21 years and older who have been convicted of paraphernalia and/ or marijuana offenses. The fee is $125.
• Marijuana 101: This 2-hour online drug education course costs $75.
• Substance Abuse Traffic Offender Program (SATOP): This program costs $375 for initial screening, plus the program's cost.

Probation Conditions

According to MO Rev Stat § 577.010, the court can grant a second DWI offender probation after serving at least ten days in prison. The offender will be required to undergo continuous alcohol monitoring or verified breath alcohol testing at least four times daily as a condition of their probation.

Community Service Requirements

The court can order a second DWI offender to perform at least 30 days of community service as a condition of probation.

Impact on Auto Insurance

A second DWI offender in Missouri should expect their offense to impact their car insurance policy. Car insurance companies classify such offenders as high-risk drivers. They can cancel the offender's insurance policy or increase their insurance premium. If the insurer cancels the policy, it will be challenging for the offender to find another car insurance provider. The offender may also be required to obtain SR-22 insurance, which can be more expensive than standard coverage due to the higher risk of having a second DWI conviction. Also, the offender's options may be limited because not all car insurance companies in Missouri offer SR-22 filings, and this can force them to seek specialized car insurers catering to high-risk drivers.

Which Courts Handle DWI Cases in Missouri?

Municipal Courts in Missouri typically handle DWI cases. However, if aggravating factors elevate the charge to a felony, the case is transferred to the Circuit Courts. Below are some key courts in major counties in Missouri where DWI cases are processed:

St. Louis County Municipal Court
105 South Central
S27 Clayton, MO 63105
Phone: (314) 615-8760

Jackson County Municipal Court
308 W Kansas Ave.
Independence, MO 64050
Phone: (816) 881-1697
Email: div301@jacksongov.org

St. Charles County Municipal Court
399 Turner Blvd.
St. Peters, MO 63376
Phone: (636) 949-1833
Fax: (636) 949-1855
Email: munict@sccmo.org

Springfield Municipal Court
625 N. Benton
Springfield, MO 65806
Phone: (417) 864-1890
Fax: (417) 864-1883

Jefferson County Municipal Court
400 First Street
P.O. Box 100
Hillsboro, MO 63050
Phone: (636) 797-6265
Fax: (636) 797-6167
Email: mjaskiewicz@jeffcomo.org

The Missouri Department of Revenue (DOR) Motor Vehicle and Driver Licensing Division issues, renews, suspends, revokes, and reinstates driver's licenses. Individuals can visit the address below for license hearings or appeals:

Missouri Department of Revenue (DOR)
Harry S Truman State Office Building
301 West High Street,
Jefferson City, MO 65101

Can You Get a DUI on a Horse in Missouri?

No, Missouri DWI laws only apply to motor vehicles, and a horse is not one (MO Rev Stat § 303.020). Therefore, a person cannot be charged with a DUI for riding a horse while intoxicated.