Second Offense DWI in Missouri

If you are driving with a BAC level of .08 percent or higher, you are violating Missouri State Law.  Drivers under the age of 21 can be arrested with a BAC level of .02 percent or higher, while commercial license drivers can be arrested with a BAC level of .04 percent or higher.  In Missouri, a DUI is also known as a “DWI” (“Driving While Intoxicated”). 

Administrative Penalties

If you are convicted of a second DUI offense, the following administrative penalties will occur:

• A fine of up to $1,000.  
• An ignition interlock device provided at your own expense is required after reinstatement of your license.
• $45 License Reinstatement Fee.

Criminal Penalties

If you are convicted of a second DUI offense, the following criminal penalties are possible:

• A jail sentence of up to 1 year.  
• Driver’s license is suspended for 1 year.
• Driver’s license is suspended for 5 years if your first offense was within the previous 5 years of current offense.

The Lookback Period

Missouri courts look back 5 years to see if you had a prior drunk driving conviction before counting a conviction as a second one.  If this is your second drunk driving conviction in a 5-year period, the penalties mentioned above will apply.

Felony vs. Misdemeanor in Missouri

If you are under the influence of drugs or alcohol while operating a motor vehicle and cause physical injury to another person, you will be guilty of second degree assault, a Class C Felony, which carries a prison term of up to 7 years.  If your accident while under the influence does not cause physical injury to anyone, your accident will be considered a misdemeanor and only the above penalties will apply.

Plea Options

The individual can do any of the following:

• Plead Guilty – the individual admits to everything with which he/she is charged and will accept whatever penalty the court imposes.
• Plead Not Guilty or "No Contest" – the individual does not admit to anything with which he/she is charged and challenges the State of Missouri to meet its burden of proof.
• Plea Bargaining – For a second offense, a plea bargain to reduce the charges is possible, which can protect your license, keep you out of jail, and even save your job.

Obtaining Legal Help

A person drinking and driving is always a serious offense, but especially when he/she has children in the vehicle when he/she is arrested.  An established and experienced DUI/DWI lawyer will know the State of Missouri DUI/DWI laws that apply to your case and will be able to formulate the strongest possible defense for your specific case.