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Missouri DWI Laws

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Missouri DWI Law

Missouri DWI Law

Missouri Revised Statutes 302.060, 302.302, 577.010, and 577.012 address what driving while intoxicated is and how that charge is dispensed, in short, those statutes are Missouri DWI law.

A first-time conviction of driving while intoxicated under Missouri DWI law will result in a Class B misdemeanor, which can lead to 6 months in jail and a fine of up to $500.

On a first-time DWI, the State of Missouri can automatically suspend your license for 90 days. But your attorney can help you drive again by requesting a “restricted driving privilege” where you can drive by installing an Ignition Interlock Device.

If you’ve been charged for a second time with a DWI, you may be looking at a one-year revocation of your license. If those two DWIs happened within five years of one another, you might be denied a license for another five years.

But the circumstances of a stop can change charges from misdemeanor to felony very quickly. It is important to discuss your situation with a qualified attorney as soon as possible.

Read more about Missouri DWI law.

Frequently Asked Questions

A Commercial Driver License (CDL) allows the holder to operate commercial and private motor vehicles. A DWI conviction will result in a one-year CDL revocation and impact your ability to perform your job. During this time, you may still qualify for a Limited Driving Privilege to drive a private vehicle, but you will not be given the limited privilege to drive a commercial vehicle. 

It is possible to obtain a CDL, or to reinstate a CDL, after the one-year revocation concludes. 

Need to get your CDL back after a DWI? Learn more here.

If a Missouri driver license is suspended, revoked, or otherwise not eligible for reinstatement, you may still be eligible for a Limited Driving Privilege (LDP) in specific circumstances and if you meet certain requirements. An LDP allows the holder to operate a motor vehicle in pre-approved circumstances once the requirements are met, assuming there is no other reason you are ineligible. No driver can obtain an LDP to drive a commercial vehicle. The LDP can only grant the ability to drive a private vehicle, for example, to work, school, the doctor, or court. 

You are ineligible to have an LDP approved if: 

  • You have a felony conviction involving a motor vehicle in the last five years.
  • Repeat Misdemeanor DWI Offenses.
  • The reinstatement requirements are not completed.
  • You have a CDL (the LDP can only be issued for non-commercial driving purposes).
  • You have an unsatisfied vehicle accident judgment.
  • You are suspended for failure to pay a traffic ticket.
  • Failure to comply with a court order.
  • Excessive points on your driving record

There are two ways to apply for an LDP:

First, you can submit an application to the Department of Revenue by:

  1. Complete the Form 4595 – Application for Limited Driving Privilege
  2. Ensure an SR-22 Form is on file with the DOR to establish appropriate proof of insurance
  3. If you have more than one alcohol offense or if you have an active Chemical Revocation on your driver record, you must also submit proof of the installation of an Ignition Interlock Device (IID).

Second, you can file a petition with the circuit court in the county where you live or work. If the request is granted, the court will issue a LDP order and will likely require you file the SR-22 form, install an IID, and pay court costs. 

Driving under the influence of drugs or alcohol is a dangerous and criminal decision for people of any age. In Missouri, underage driving while under the influence of alcohol or drugs will have significant consequences. You should contact an attorney immediately if facing this situation. For underage drivers, even a small amount of alcohol can cause serious consequences and impede opportunities later in life, including limiting employment and education opportunities.

Learn more about how to avoid the longterm impact of an underage DWI.

When you find yourself facing an arrest for operating a motor vehicle under the influence of alcohol (commonly referred to as a DUI or DWI), it’s essential to understand that the state of Missouri takes this matter seriously and initiates two distinct actions: (1) Criminal and (2) Administrative.

Read more about what happens to your license after a DWI.