Missouri DWI · Second offense
Second Offense DWI in Missouri
A second DWI is where Missouri stops giving the benefit of the doubt. If the first one was within five years, the charge goes up, the SIS disappears, jail becomes mandatory unless you meet specific conditions, and you may lose your license for five years.
The five-year line
What happens on a second DWI in Missouri?
It depends on when the first one happened. Missouri treats you as a “prior offender” if your earlier intoxication-related offense occurred within five years of the new one.
Within five years: prior offender
A class A misdemeanor, up to one year in jail and a fine of up to $2,000. No suspended imposition of sentence, and no fine in place of jail. You must serve at least ten days before probation, unless you complete 30 days of community service, or a DWI court or treatment program that includes it.
More than five years apart
The charge is not enhanced to prior offender status, so it is generally charged as a class B misdemeanor. But the first offense still counts for your license, and it will count again if there is ever a third.
What counts as a prior
Does an old DWI count if I got an SIS?
Yes. Missouri counts earlier findings of guilt for intoxication-related traffic offenses, including cases resolved with a suspended imposition of sentence, and offenses from municipal courts, other states, and federal or military courts. Driving with an excessive blood alcohol content counts too.
Whether a prior was properly obtained, and whether the State can actually prove it, is something we check. The State must plead and prove your prior-offender status before sentencing.
Your license
What happens to your license on a second DWI?
This is where a second offense hurts most.
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.
One-year revocation
If you had an alcohol-related enforcement contact within the past five years, the administrative action is a one-year revocation, not a 30-day suspension. A second DWI conviction also carries 12 points, enough on its own for revocation.
The five-year denial
Two DWI convictions within five years means the state will not issue you a license for five years from the second conviction.
Driving in the meantime
A limited driving privilege may be available, and under current law a court must grant one if you are otherwise eligible, have a certified ignition interlock installed, and have had no alcohol-related enforcement contacts since the one that caused the denial.
The honest answer
Can a second DWI be reduced in Missouri?
Sometimes. A reduction is a decision for the prosecutor, and it usually follows real problems with the State’s case: a questionable stop, flawed testing, or a prior offense the State cannot prove. Those problems are found by looking, which is why the defense starts with the evidence, not the plea.
Answers
Second offense DWI questions we hear
How long do you go to jail for a second DWI in Missouri?
If the first offense was within five years, up to one year, with a mandatory minimum of ten days before probation unless you complete 30 days of community service or a DWI court or treatment program that includes it. No suspended imposition of sentence is allowed.
Is a second DWI a felony in Missouri?
No. A second DWI is a misdemeanor, a class A misdemeanor if the first was within five years. It becomes a felony if someone is injured or killed, and a third DWI is a felony.
How long do you lose your license for a second DWI?
The administrative revocation is one year if there was an alcohol-related enforcement contact in the past five years. If both convictions fall within five years, the state denies a license for five years, though a limited driving privilege with an ignition interlock may be available.
Can I get a limited driving privilege after a second DWI?
Often, yes. For a five-year denial, a court must grant a limited driving privilege if you are otherwise eligible, have a certified ignition interlock installed, and have had no alcohol-related enforcement contacts since the one that led to the denial.
What happens after 3 DWIs in Missouri?
A third DWI makes you a persistent offender, which is a class E felony regardless of how far apart the offenses were. See our page on third offense DWI in Missouri.
See also: first offense · second offense · third offense · Jefferson City DWI · Fulton DWI
Talk to us
A second DWI needs a defense from day one.
If you were arrested for a second DWI in Cole, Boone, or Callaway County, talk to us before the license deadline and before you agree to anything.
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