Missouri DWI · First offense
First Offense DWI in Missouri
A first DWI is a misdemeanor, and most people keep their freedom and, in time, their license. But what you do in the first two weeks, and how the case is resolved, decides what follows you for years. The law changed on August 28, 2026, and some of it works in your favor.
The penalties
What are the penalties for a first DWI in Missouri?
A first DWI is a class B misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. It becomes a class A misdemeanor, up to one year, if a passenger under 17 was in the vehicle.
Jail is not automatic
Most first offenses do not end in jail. But if your blood alcohol was 0.15 percent or higher and you do not receive a suspended imposition of sentence through a DWI court or treatment program where one is available, the law requires at least 48 hours in jail, and at least five days above 0.20 percent.
The SIS rule
A first DWI can be resolved with a suspended imposition of sentence, which avoids a conviction on your public record if you complete probation. For a first DWI, the court can grant an SIS only with at least two years of probation, and with a high blood alcohol, only through a DWI court or treatment program where one exists.
Your license
What happens to your license after a first DWI?
There are two separate license tracks: the administrative action that starts at arrest, and the points that follow a conviction. Both can be fought.
The 15-day license clock
After an arrest, the Department of Revenue moves to suspend or revoke your license on its own track. You generally have 15 days from the notice to request an administrative hearing. Miss it, and the license action takes effect no matter what happens in court.
The suspension
With no alcohol-related enforcement contacts in the past five years, the administrative suspension is 30 days followed by 60 days of restricted driving. A DWI conviction also carries 8 points, which by itself triggers a suspension.
New in 2026: skip the hard suspension
Since August 28, 2026, a first-time driver who files proof that their vehicle has a certified ignition interlock can skip the 30 days without driving entirely, and instead complete a 90-day restricted privilege.
Getting it back
Reinstatement also requires completing the state’s substance abuse traffic offender program (SATOP) and filing proof of insurance. Your lawyer should map this out with you early.
The honest answer
Can you get your first DWI dropped?
Sometimes. A DWI case is only as strong as the stop, the arrest, and the testing behind it, and each of those can fail.
- The stop. Did the officer have a lawful reason to pull you over?
- The arrest. Were field sobriety tests given and scored properly, and did they amount to probable cause?
- The breath test. Was the observation period followed, and was the instrument properly maintained?
- The blood test. Was there a warrant or valid consent, and is the chain of custody intact?
Even when a case is not dismissed, these issues shape what the prosecutor is willing to offer, including a reduced charge in some cases. In practice, the most common result on a first DWI is an SIS with probation. A reduction to a lesser charge is realistic mainly when the case has a real weakness, such as a reading near 0.10 or below, a marijuana DWI that is hard to prove, or an arrest made without proper field sobriety tests.
Years from now
Can a first DWI be expunged in Missouri?
Yes, once. Missouri allows a single, lifetime expungement of a first misdemeanor intoxication-related driving offense after ten years, if there have been no further alcohol-related offenses or enforcement contacts. See our Missouri expungement page.
A first DWI still counts as a prior if you are ever charged again, including one resolved with an SIS. That is one more reason to handle the first one carefully.
Answers
First offense DWI questions we hear
How long do you go to jail for a first DWI in Missouri?
Up to six months is the maximum for a first offense, but most first offenses do not involve jail. Jail becomes mandatory, at least 48 hours, when the blood alcohol was 0.15 percent or higher and no suspended imposition of sentence is granted through a DWI court or treatment program. Above 0.20 percent the minimum is five days.
Is a first DWI a felony in Missouri?
No. A first DWI is a class B misdemeanor, or a class A misdemeanor if a child under 17 was in the vehicle. It becomes a felony if someone was injured or killed.
What is the most common sentence for a first DWI?
Probation is the most common outcome, often with a suspended imposition of sentence, SATOP, and conditions such as community service or a victim impact panel. The exact result depends on the facts, the blood alcohol level, and the court.
Should I refuse a breath test in Missouri?
Refusing brings its own one-year license revocation, separate from the DWI, and the refusal can be used as evidence. A refusal revocation can be challenged in circuit court, generally within 30 days. Whether a refusal helps or hurts depends on the case, and it is worth discussing with a lawyer right away.
Will I lose my license for a first DWI?
Possibly, but often for a shorter time than people fear. The administrative suspension for a first offense is 30 days without driving, then 60 days restricted. Since August 28, 2026, installing an ignition interlock lets you skip the 30 days and complete 90 days of restricted driving instead.
More on DWI cases: refusing a breath test, whether to request a DOR hearing, marijuana DWI, and when a DWI can mean jail. Can the charge be reduced? See whether a Missouri DWI can be reduced. If someone was hurt, see DWI with injury in Missouri.
See also: first offense · second offense · third offense · Jefferson City DWI · Fulton DWI
Talk to us
The first 15 days decide more than you think.
If you were arrested for a first DWI in Cole, Boone, or Callaway County, call before the license deadline passes.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information on this page is general and is not legal advice. It reflects Missouri law as of September 2026, including changes that took effect August 28, 2026. Contacting Vindex Law, PC does not create an attorney-client relationship.
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