If you only remember one point about DUI penalties in Missouri, remember this: BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21; DWI and lesser BAC impaired-driving tracks. A first offense: First-offense DWI is typically a misdemeanor Class B with fines, possible jail, license suspension, SATOP, and ignition-interlock conditions. Felony threshold: A persistent or aggravated offender DWI can be a felony; DWI with injury/death can also be a felony. Procedure, examples, and the opinions below hang off Mo. Rev. Stat. §§ 577.010, 577.012. Lookback: Prior intoxication-related convictions within 5 or 10 years enhance; felony persistent-offender status uses defined lookbacks.. Ignition interlock: Ignition interlock is commonly required for restricted driving privileges after DWI.
First-offense penalties
First-offense DWI is typically a misdemeanor Class B with fines, possible jail, license suspension, SATOP, and ignition-interlock conditions.
Walking through Missouri facts
Use this walkthrough to see which Missouri authority does the work at each step.
A driver in Missouri is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21; DWI and lesser BAC impaired-driving tracks
- Read the first-offense range: First-offense DWI is typically a misdemeanor Class B with fines, possible jail, license suspension, SATOP, and ignition-interlock conditions.
- Ask when the charge becomes a felony: A persistent or aggravated offender DWI can be a felony; DWI with injury/death can also be a felony. Lookback: Prior intoxication-related convictions within 5 or 10 years enhance; felony persistent-offender status uses defined lookbacks.
- Interlock: Ignition interlock is commonly required for restricted driving privileges after DWI.
Missouri DWI under chapter 577 proceeds in municipal, associate, or circuit court with parallel DOR administrative actions.
When a Missouri DUI becomes a felony
A persistent or aggravated offender DWI can be a felony; DWI with injury/death can also be a felony.
Ignition interlock and license consequences
Ignition interlock is commonly required for restricted driving privileges after DWI.
How a typical Missouri DUI case unfolds
Missouri DWI under chapter 577 proceeds in municipal, associate, or circuit court with parallel DOR administrative actions.
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Case law: DUI penalties in Missouri
STATE of Missouri, Respondent, v. Michael P. DAVIS, Appellant
STATE of Missouri, Respondent, v. Michael P. DAVIS, Appellant, 2006 Mo. App. LEXIS 1585 (2006)
…olice officer had probable cause to arrest the motorist for driving under the influence. Eggleston, 954 S.W.2d at 697. Defendant does not point to evidence in the record to support his argument that the jury could conclude that the field sobriety tests constituted scientific evidence of intoxication. Indeed, to the contrary, the record indicates that, like Eggleston, the eviden…
Practitioners open STATE of Missouri, Respondent, v. Michael P. DAVIS, Appellant when Missouri DUI penalties turns on the distinction in this sentence: "Eggleston, 954 S.W.2d at 697. Defendant does not point to evidence in the record to support his argument that the jury could conclude that the field sobriety tests constituted scientific evidence of intoxication." Do not lift it out of the facts the court was deciding.
STATE of Missouri, Respondent, v. Jerry S. RYAN, Appellant
STATE of Missouri, Respondent, v. Jerry S. RYAN, Appellant, 1991 Mo. App. LEXIS 1120 (1991)
…in that “on January 13, 1989, [appellant] was convicted of Driving Under the Influence of Alcohol in Union County, Illinois and on July 25, 1988, [appellant] was convicted of Driving Under the Influence of Alcohol in Jackson County, Illinois.” Section 577.023 reads, in pertinent part: “1. For purposes of this section, unless the context clearly indicates otherwise: (1) An ‘int…
Practitioners open STATE of Missouri, Respondent, v. Jerry S. RYAN, Appellant when Missouri DUI penalties turns on the distinction in this sentence: "January 13, 1989, [appellant] was convicted of Driving Under the Influence of Alcohol in Union County, Illinois and on July 25, 1988, [appellant] was convicted of Driving Under the Influence of Alcohol in Jackson County, Illinois.” Section 577.023 reads, in pertinent part: “1." Do not lift it out of the facts the court was deciding.
STATE of Missouri, Defendant-Appellant, v. Lela BYERLY, Plaintiff-Respondent
…the driver’s license of an operator, arrested for allegedly driving under the influence of intoxicating liquor and who has refused to submit to a sobriety test, may be revoked when the driver is subsequently acquitted of the charge for driving under the influence of liquor. Or stated somewhat differently, if a driver arrested for driving while intoxicated refuses to submit to a…
On DUI penalties, STATE of Missouri, Defendant-Appellant, v. Lela BYERLY, Plaintiff-Respondent speaks to the Missouri dispute in this passage: "the driver’s license of an operator, arrested for allegedly driving under the influence of intoxicating liquor and who has refused to submit to a sobriety test, may be revoked when the driver is subsequently acquitted of the charge for driving under the influence of liquor. Or st" The surrounding opinion shows how the court applied that language to the record.
Clinton E. WILSON, Respondent, v. DIRECTOR OF REVENUE, Appellant
Clinton E. WILSON, Respondent, v. DIRECTOR OF REVENUE, Appellant, 2001 Mo. App. LEXIS 157 (2001)
…g officer had probable cause to believe that Mr. Wilson was driving under the influence, and Mr. Wilson failed to submit to a chemical test of his urine. On the night of January 21, 2000, Officer Paul Thilges of the Kansas City, Missouri Police Department conducted a traffic stop of a vehicle. As he stopped the vehicle, the officer saw Mr. Wilson drive past him in a yellow Cama…
Missouri opinions such as Clinton E. WILSON, Respondent, v. DIRECTOR OF REVENUE, Appellant are cited where DUI penalties is disputed. The court stated: "Mr. Wilson was driving under the influence, and Mr. Wilson failed to submit to a chemical test of his urine. On the night of January 21, 2000, Officer Paul Thilges of the Kansas City, Missouri Police Department conducted a traffic stop of a vehicle." That is the language to brief; the rest of the decision supplies the procedural posture.
David Allen CHAMBERLAIN v. STATE of Missouri, DIRECTOR OF REVENUE
David Allen CHAMBERLAIN v. STATE of Missouri, DIRECTOR OF REVENUE, 1996 Mo. App. LEXIS 731 (1996)
…in’s driving license was suspended as a result of allegedly driving under the influence with a blood alcohol level of .10. He requested an administrative hearing under § 302.505, which sustained the suspension. He petitioned for a trial de novo hearing under § 302.535. The case was assigned to a traffic court commissioner. The traffic court commissioner heard the ease and found…
David Allen CHAMBERLAIN v. STATE of Missouri, DIRECTOR OF REVENUE is worth reading on Missouri DUI penalties because the court put the point in its own words: "He requested an administrative hearing under § 302.505, which sustained the suspension. He petitioned for a trial de novo hearing under § 302.535. The case was assigned to a traffic court commissioner." Use that passage as the starting point, then read the facts that precede it.
STATE of Missouri v. Gary Lee FRIEND
STATE of Missouri v. Gary Lee FRIEND, 1997 Mo. App. LEXIS 419 (1997)
…e sufficiency of the evidence to sustain his conviction for driving under the influence. He argues that the state failed to produce substantial evidence that he operated a motor vehicle while under the influence of a combination of alcohol and drugs. He contends that his blood alcohol level was zero and that there was no evidence that he had consumed alcohol. Further, he mainta…
On DUI penalties, STATE of Missouri v. Gary Lee FRIEND speaks to the Missouri dispute in this passage: "He argues that the state failed to produce substantial evidence that he operated a motor vehicle while under the influence of a combination of alcohol and drugs. He contends that his blood alcohol level was zero and that there was no evidence that he had consumed alcohol." The surrounding opinion shows how the court applied that language to the record.
Todd A. JOHNSON, Respondent, v. DIRECTOR OF REVENUE, Appellant
Todd A. JOHNSON, Respondent, v. DIRECTOR OF REVENUE, Appellant, 2005 Mo. App. LEXIS 1111 (2005)
…the officer had to have a sound basis for arresting him for driving under the influence of a drug not containing alcohol. Section 577.041.4 requires the arresting officer to have reasonable grounds to believe that the arrested person was driving “while in an intoxicated or drugged condition.” It does not require an officer to determine specifically what substance the driver had…
On DUI penalties, Todd A. JOHNSON, Respondent, v. DIRECTOR OF REVENUE, Appellant speaks to the Missouri dispute in this passage: "Section 577.041.4 requires the arresting officer to have reasonable grounds to believe that the arrested person was driving “while in an intoxicated or drugged condition." The surrounding opinion shows how the court applied that language to the record.
STATE of Missouri, Respondent, v. Keith A. CODAY, Appellant
STATE of Missouri, Respondent, v. Keith A. CODAY, Appellant, 2016 Mo. App. LEXIS 380 (2016)
…intoxicated with excessive blood alcohol content, ... ’ or driving under the influence of alcohol or drugs in violation of state law or a county or municipal ordinance!.]” § 577.023.1(4). Further, section 577.023.16 provides in part: A plea of guilty or a finding of guilt followed by incarceration, a fine, a suspended imposition of sentence, suspended execution of sentence, pr…
On DUI penalties, STATE of Missouri, Respondent, v. Keith A. CODAY, Appellant speaks to the Missouri dispute in this passage: "intoxicated with excessive blood alcohol content, ... ’ or driving under the influence of alcohol or drugs in violation of state law or a county or municipal ordinance!.]” § 577.023.1(4). Further, section 577.023.16 provides in part: A plea of guilty or a finding of guilt followe" The surrounding opinion shows how the court applied that language to the record.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21; DWI and lesser BAC impaired-driving tracks
- Lookback period: Prior intoxication-related convictions within 5 or 10 years enhance; felony persistent-offender status uses defined lookbacks.
- First-offense range: First-offense DWI is typically a misdemeanor Class B with fines, possible jail, license suspension, SATOP, and ignition-interlock conditions.
- Felony threshold: A persistent or aggravated offender DWI can be a felony; DWI with injury/death can also be a felony.
- Ignition interlock: Ignition interlock is commonly required for restricted driving privileges after DWI.
- Primary authority: Mo. Rev. Stat. §§ 577.010, 577.012.
Blood alcohol limits in Missouri
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21; DWI and lesser BAC impaired-driving tracks
Lookback window for prior offenses
Prior intoxication-related convictions within 5 or 10 years enhance; felony persistent-offender status uses defined lookbacks.
Frequently asked questions
What is the legal BAC limit in Missouri?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21; DWI and lesser BAC impaired-driving tracks
Is a first DUI a felony in Missouri?
A persistent or aggravated offender DWI can be a felony; DWI with injury/death can also be a felony.
Will I need an ignition interlock device?
Ignition interlock is commonly required for restricted driving privileges after DWI.
This guide covers Missouri impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.