WARNING:  If you have been arrested for a  Driving Under the Influence(DUI/DWI), DO NOT DELAY. Your driver’s license is already in the process of being suspended.  CALL (816) 729-2606

Driver's License Consequences

A DWI arrest in Missouri triggers two separate cases: the court case, and the driver's license case, which is filed by the Department of Revenue against the driver's license. Take note: if you are arrested for DWI, you have only 15 days from the date of arrest to have a hearing.

SUSPENSION PENALTIES: If a Sustain Order is issued after the administrative hearing:

  • FIRST TIME FAILURE OF A TEST: For a driver with no alcohol related law enforcement contacts within the previous five years, driving privileges are suspended for 30 days followed by 60 days of Restricted Driving Privilege. The restricted license is available upon showing proof of insurance before the 30 days suspension has expired. The restriction allows a person to drive "in connection with a person's business, occupation or employment, and to and from an alcohol education and treatment program" only. This goes on the person's driving record and stays for five years.
  • SECOND AND SUBSEQUENT FAILURES OF A TEST: Driving privileges are suspended for one year. You are not eligible for a hardship license. This goes on the person's driving record and stays for five years.

DWI FIRST OFFENSE:

Conviction of a first DWI is a Class B misdemeanor.

  • JAIL: Up to a maximum of six (6) months imprisonment.
  • FINE: Up to $500.00. Court costs may also be between $10.00 and $100.00.
  • PROBATION: The general terms of probation are no drinking, do not break the law, go to SATOP, etc. Probation usually lasts 1 to 2 years. A conviction with probation is commonly referred to as a "Suspended Execution of Sentence" or SES.
  • SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction of a first time DUI results in a 30 day suspension of driving privileges followed by a 60 restriction to driving only to and from work, in the course of employment, or to alcohol treatment. There are no hardships or exemptions available. This suspension goes on the person's driving record. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A conviction will result in 8 points being assessed against the driver's license.

DWI SECOND OFFENSE:

Conviction of a second DWI within a five year period is a Class A misdemeanor.

  • JAIL: Up to a maximum of one year in jail.
  • FINE: Up to $1,000.00, plus court costs of between $10.00 and $100.00.
  • PROBATION: Only after a person has served a mandatory minimum of 48 hours of incarceration are they eligible for probation. The jail requirement may be waived in lieu of doing 10 hours of community service. The terms of probation are standard: no breaking the law, no drinking, no going to places where alcohol is served, attend SATOP, etc. Court ordered AA meetings, outpatient treatment, or inpatient treatment programs are also a possibility. Probation will often be for a one or two year period.
  • REVOCATION OF DRIVER'S LICENSE: A criminal conviction of a second time DWI within 5 years results in a five (5) year revocation of driving privileges. A hardship license may not be applied for until 2 of the 5 year revocation has been served. This suspension goes on the person's driving record. 12 points are assessed against the driver's license regardless of how old the first DWI conviction was. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain.

DWI THIRD OR SUBSEQUENT OFFENSE: Conviction of three or more DWI's within 10 years results may mean that the driver is deemed to be a "Persistent Offender" and guilty of a Class D Felony. There will also be a 10 year denial of driving privileges.

  • JAIL: Up to five (5) years in prison.
  • FINE: Up to $5,000.00, plus court costs of between $10.00 to $100.00.
  • PROBATION: Missouri law prohibits a suspended execution of sentence for a felony DWI. The court may suspend execution of sentence after 10 days in jail or 60 days of community service. The defendant is then placed on a probation.
  • REVOCATION OF DRIVING PRIVILEGES: Upon a third or subsequent criminal conviction for DWI, the defendant's driver's license is revoked for 10 years regardless of how old the two prior convictions are. These suspensions go on the person's driving record. If convicted of a felony DWI, no hardship license is available. If the DWI is a third, but not a felony, a hardship license may be applied for after 3 years. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain.