Missouri DUI/DWI Laws: Penalties, Court Process, and Records

Missouri has severe prohibitions against driving while intoxicated or under the influence of drugs. Repeat offenders face harsher penalties, and serious cases can result in felony charges. Although both driving while intoxicated (DWI) and driving under the influence (DUI) are serious traffic offenses that are prosecuted nationwide, state-specific terms and punishments vary. Although DUI is frequently used colloquially, DWI (Driving While Intoxicated) is the official charge in Missouri.

What Is a DWI in Missouri?

DWI is defined byRSMo §577.010 as operating a motor vehicle while under the influence of alcohol, narcotics, or both.

The legal thresholds for impairment in Missouri are based on blood alcohol levels, age, and certain other factors, such as whether it is a commercial driver:

• 0.08% BAC or higher for drivers age 21 and older
• 0.04% BAC for commercial drivers
• 0.02% BAC for drivers under 21 (zero tolerance law)

Even if a person does not exceed the blood alcohol content level, they may still face charges if they are impaired by illegal narcotics, prescription medications, or other substances.

DWI Penalties in Missouri

The look-back period in Missouri is five years for misdemeanors and ten years for crimes. Recurring infractions result in significantly harsher penalties.

• First DWI Offense (Class B misdemeanor):
  • Offenders can get jail time of up to 6 months
  • They may be required to pay fines up to $500
  • Their license may also be suspended for 30 days, and may be followed by 60 days of restricted driving
  • They may also need to join an alcohol treatment program
• Second DWI Offense (Class A misdemeanor):
  • Offenders may receive jail time up to 1 year
  • They may face fines of up to $1,000
  • They may also face license revocation for a year
  • To get their license reinstated, they will need to install a mandatory ignition interlock device (IID)
• Third DWI Offense (Felony, “Persistent Offender”):
  • They may face 2 to 4 years in prison
  • They may pay up to $5,000 in fines
  • Their license could be revoked for 10 years
  • Offenders may need to get an IID upon reinstatement of their driver’s license
• Fourth DWI Offense (Felony, “Aggravated Offender”):
  • Aggravated offenders may face up to 7 years in prison or 1 year in county jail
  • They may face fines up to $5,000
  • They could be denied a license for 10 years
• Fifth or Subsequent Offense (Felony, “Chronic Offender”):
  • A chronic offender may face 5 to 15 years in prison
  • Such an offence could lead to permanent license revocation

Aggravated DWI: Penalties for DWI significantly escalate, including the possibility of Class C or B felony charges, if it causes harm, death, or involves minors.

DWI Arrest and Court Process in Missouri

Missouri DWI cases involve both administrative license actions and criminal prosecution:

1. Traffic Stop and Arrest – Officers may conduct field sobriety and chemical tests. Refusal results in automatic license suspension under Missouri’s implied consent law.
2. Booking and Charges – The accused is processed, fingerprinted, and charged.
3. Administrative License Suspension (ALS) – The Department of Revenueimposes an immediate suspension, which may be contested at a hearing.
4. Arraignment – The defendant is informed of charges and enters a plea.
5. Pre-Trial Hearings – Defense attorneys may challenge the arrest, test accuracy, or evidence.
6. Trial – If no plea agreement is reached, the case proceeds to trial.
7. Sentencing – Upon conviction, penalties include fines, jail, suspension, IID, and treatment.

For repeat offenders, many Missouri counties run DWI courts that combine extensive judicial monitoring with treatment.

How to Search for DUI/DWI Records in Missouri

DWI records in Missouri are public and can be accessed through multiple sources:

• Missouri Case.net: An online database that allows anyone to look for DWI cases by case number or name.
• Missouri Department of Revenue (DOR) – Driver License Bureau: Official driving records, such as DWI convictions, suspensions, and IID requirements, are kept up to date by the Driver License Bureau of the Missouri Department of Revenue (DOR). Drivers have the right to request their own documents.
• County Circuit Courts: Provide certified case files and sentencing documents.
• Missouri State Highway Patrol (MSHP) – Criminal Justice Information Services: The Criminal Justice Information Services provided by the Missouri State Highway Patrol (MSHP) include statewide criminal history checks.
• Third-Party Background Check Services: Although they might get DWI data, third-party background check services may not be as reliable.

Records typically include BAC, conviction status, sentencing details, and license restrictions.

How Long Does a DWI Stay on Your Record in Missouri?

The retention of DWI records in Missouri depends on whether they appear on criminal or driving records:

• Criminal Record: Unless cleared, a DWI conviction is permanent. A first-time misdemeanor DWI conviction in Missouri may be expunged after ten years, as long as no subsequent convictions involving alcohol are obtained. DWIs for felonies cannot be expunged.
• Driving Record: For first offenses, a DWI conviction stays on a driver's record for five years; for recurrent offenders, it stays for ten years.
• Insurance and Employment: Unless expunged by the courts, a DWI may stay visible to employers indefinitely and raise insurance prices for three to five years.

Due to Missouri's severe DWI laws, first-time offenders face fines and brief jail sentences; repeat or aggravated offenders face felony charges and lengthy prison terms. Although DUI is sometimes used casually, the state's official legal word is DWI. The majority of convictions are permanent; however, first-time misdemeanors may be wiped after ten years.

Records are available on Case.net and through the Department of Revenue. Understanding Missouri's DWI regulations is crucial for researchers, businesses, and drivers due to their long-term effects.