Getting pulled over for intoxicated driving in Missouri is a big deal. A DWI charge may result in jail, fines, and losing your license. Missouri does not take impaired driving cases lightly. Understanding the law is one way to protect your rights. This page explains what Missouri DUI laws means, what punishments exist, and how a Kansas City DUI lawyer can help.
What Constitutes a DWI in Missouri?
DUI cases are called DWI (Driving While Intoxicated) cases in Missouri. The term means operating a vehicle with a blood alcohol content (BAC) of:
- 0.08% or more if you’re 21 or older
- 0.04% if you drive a commercial vehicle
- 0.02% or more if you’re under 21
You can also be charged if drugs affect your ability to drive. That includes legal and illegal drugs. You don’t need a BAC result to be arrested. If an officer sees you driving badly and thinks you’re impaired, that’s enough.
DUI vs DWI in Missouri
In the State of Missouri, a DUI means the same thing as DWI. The statute uses DWI primarily but some people continue to use DUI. Either way, both terms refer to “driving under the influence” of alcohol or drugs.
First-Time DUI Penalties in Missouri
A first DUI is a Class B misdemeanor. Penalties may include:
- Up to 6 months in jail
- Fine up to $1,000
- License suspension for 30 days, then 60 days with restricted driving
- Possible ignition interlock device
- Court costs and fees
If your BAC was very high or if someone got hurt, penalties can be worse.
Second DUI Offense in Missouri
If you get a second DUI within five years, the punishment gets harder. It’s now a Class A misdemeanor:
- Up to 1 year in jail
- Fine up to $2,000
- License revoked for 1 year
- Possible 5-year license denial if second offense in five years
- Mandatory ignition interlock
Some drivers may be forced to install a camera on the interlock to prove they are the ones blowing into it.
Third DUI or More: Felony DWI
If you get three or more DWIs, you’re called a Persistent Offender. This is a Class E felony. It can lead to:
- Up to 4 years in prison
- Fine up to $10,000
- 10-year license denial
- Mandatory alcohol treatment
- Permanent criminal record
Each added offense stacks more time, more money, and more problems.
Aggravated and Chronic Offenders
Missouri has special terms for repeat offenders:
- Aggravated Offender: 3+ DWIs
- Chronic Offender: 4+ DWIs or DWI with serious harm or death
These lead to longer prison time and lifetime license bans.
What Happens After a DUI Arrest in Kansas City?
You will likely be:
- Taken to jail
- Asked to take a breath or blood test
- Given a ticket and a court date
- Given a license suspension notice
Missouri has two legal paths in a DUI case:
- Criminal Case: Handles jail, fines, and probation
- Administrative Case: Handles your license status
You need to fight both or risk losing your license. Contact with a skilled and affordable traffic attorney in Kansas City right away.
Refusing a Breath Test in Missouri
Missouri has “implied consent” laws. If you drive, you agree to chemical testing. If you say no:
- 1-year license revocation
- Possible interlock for 6 months
- No limited driving during first 90 days
Refusing doesn’t always help. It may hurt your case.
What Is the Ignition Interlock Device?
This is a machine that tests your breath before your car starts. You must pay to install and maintain it. If it detects alcohol, the car won’t start. You may need it:
- After a first DUI to regain license
- For a second or later DUI
- If you refused a breath test
Some systems take pictures when you blow to prove it’s you.
Can a DUI Lawyer Help Me?
Yes. A Kansas City DUI lawyer can:
- Review police errors
- Check if the stop was legal
- Fight breath or blood test results
- Help save your license
- Reduce charges or avoid jail
- Negotiate with the court
You can make mistakes trying to handle it alone. DUI laws are strict and confusing. A lawyer helps guide you and protect your record.
How DUI Affects Insurance
Insurance rates go up fast after a DUI. Some companies may drop your policy. Others may label you “high risk.” You may be forced to buy SR-22 insurance, which costs more. SR-22 is proof that you have enough car insurance. Missouri may need it for 2–5 years after your DUI.
DUI for Underage Drivers
If you’re under 21, the rules are stricter. The “zero tolerance” law applies. That means:
- BAC of 0.02% or more = DWI
- License suspended for 90 days or more
- Fines, points, and court fees
- Mandatory substance education
Even a small drink can lead to a charge.
DUI and Drug Use
Driving under the influence of drugs—legal or illegal—is also a DWI. That includes:
- Marijuana
- Prescription pills
- Over-the-counter meds that make you sleepy
You can be charged without a breath test. Officers can use field tests or blood work. If drugs impair your driving, it’s still a crime.
Commercial Drivers and DUI
If you drive for work, DUI can ruin your job. Missouri has strict rules:
- BAC of 0.04%
- License suspension for 1 year for first offense
- Lifetime CDL loss for second offense
You may lose your commercial driving license forever.
DUI with a Child in the Car
Driving drunk with a child under 17 in the car adds more charges. You may face:
- Child endangerment charges
- Extra jail time
- Higher fines
- DCF involvement
Judges take this very seriously.
Can I Get a DUI Off My Record?
Missouri now allows some first-time DUIs to be expunged. To qualify:
- 10 years must pass with no other alcohol offenses
- It must be a first offense
- No felony DUI
- You must not have a CDL
If you meet all conditions, a lawyer can help file for expungement.
FAQs About Missouri DUI Laws
1. What are the limits for blood alcohol concentration in Missouri?
08% for those over 21 years of age, .04% for commercial drivers and .02% for drivers under 21 years of age.
2. Will I get a suspension of my license if this is my first offense?
Yes. You can expect a 30-day suspension, then progress to limited privilege (essential purposes only) for 60 days.
3. What is an ignition interlock?
It is a breath test you will have installed in your car. The interlock device will not allow you to start your vehicle without you passing a breath test, in that vehicle. Most interlocks have a camera built in.
4. Can I get a DUI off my record?
Yes, so long as this is a first offense, you have completed your restrictions and this offense was 10 years ago.
5. Should I get a lawyer for a DUI?
Yes, they can fight issues for you, help you preserve a license, and limit consequences.
Final Word
A DUI in Missouri is no small thing. The charges can follow you for life. Whether it’s your first or third, the smart move is to get legal help. An experienced local Kansas City DUI lawyer can give you a strong defense, protect your license, and guide you through each step. Don’t wait. Act fast. The sooner you talk to a lawyer, the better your chance of a fair outcome.