In the State of Missouri, a DWI or an Excessive BAC is usually a misdemeanor charge if this is your first offense or you are a “prior offender.”  However, if you are a “persistent offender,” an “aggravated offender,” or a “chronic offender,” the charge is a felony offense.  See the chart below for more on what these terms mean.

 

MISSOURI DWI OFFENSETYPICAL PENALTIES
FIRST DWI / EXCESSIVE BAC OFFENSE
Class B misdemeanor 

 

  • 30 day Missouri license suspension followed by 60 days restricted license;
  • fine;
  • jail possible but not required;
  • possible ignition interlock device;
  • 8 points added to driving record.
SECOND DWI / EXCESSIVE BAC OFFENSE
Class A misdemeanor 

 

  • at least a one year Missouri license revocation (five year revocation if this is the second conviction within five years);
  • fine;
  • at least two days jail time;
  • ignition interlock device required
  • 12 points added to driving record.
THIRD DWI / EXCESSIVE BAC OFFENSE
Class D felony 

 

  • 10 year Missouri license revocation (privileges may be restored only upon court order);
  • substantial fine;
  • at least 10 days jail
  • 12 points added to driving record.
FOURTH DWI / EXCESSIVE BAC OFFENSE
Class C felony
  • everything listed above and a possible lengthy prison sentence.
A “prior offender” is a person who has pled guilty to or has been found guilty of one DWI / Excessive BAC offense, where such prior offense occurred within five years of the present DWI / Excessive BAC.A “persistent offender” is a person who has pled guilty to or has been found guilty of two or more DWI / Excessive BAC offenses.An “aggravated offender” is a person who has pled guilty to or has been found guilty of three or more DWI / Excessive BAC offenses.

A “chronic offender” is a person who has pled guilty to or has been found guilty of four or more DWI / Excessive BAC offenses.