Missouri DWI · Third offense
Third Offense DWI in Missouri
A third DWI is a felony in Missouri, no matter how many years separate the offenses. It carries prison exposure, a mandatory jail term before probation, and a ten-year license denial. It is also a case where the details of your record can change everything.
The charge
What happens when you get a third DWI in Missouri?
Two or more prior intoxication-related traffic offenses on separate occasions make you a “persistent offender,” and the DWI becomes a class E felony. Unlike the second-offense rule, there is no five-year window: old offenses count.
The sentence
A class E felony carries up to four years in prison and a fine of up to $10,000. No suspended imposition of sentence is allowed, and no fine in place of imprisonment.
Before probation
You must serve at least 30 days before becoming eligible for probation or parole, unless you complete 60 days of community service, or a DWI court or treatment program that includes it.
It gets worse from here
What if it is a fourth DWI or more?
Missouri keeps escalating with each prior. One earlier offense involving injury or death can also count as more than one prior.
- Aggravated offender (three priors): class D felony, up to 7 years, at least 60 days before probation or parole.
- Chronic offender (four priors): class C felony, 3 to 10 years, at least 2 years before probation or parole.
- Habitual offender (five priors): class B felony, 5 to 15 years.
Your license
What happens to your license after a third DWI?
More than two DWI convictions means the state will not issue you a license for ten years from the last conviction.
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.
Driving again sooner
Under current law, a person under the ten-year denial may apply for a limited driving privilege, and a court must grant one if the person is otherwise eligible, has a certified ignition interlock installed, and has had no alcohol-related enforcement contacts since the one that caused the denial.
After ten years
Once ten years have passed since the last conviction, you can petition the circuit court to restore your license by showing no alcohol or drug-related convictions in that time and that you no longer pose a threat to public safety.
Getting help early
Treatment, monitoring, and a clean record while the case is pending all matter, to the court and later to the license process. We talk about that from the start.
The defense
How do you fight a third DWI?
The same way as any DWI, and then some. The felony depends on the State proving your prior offenses, and those records are not always what they appear.
- The priors. Were they properly obtained, with a lawyer or a valid waiver? Are they on separate occasions? Can the State prove them with the records the law requires?
- The stop, the arrest, and the test. Every issue available in a first-offense case is available here, and the stakes make them worth pursuing.
- Alternatives. Where a DWI court or treatment program is available, it can be the path that avoids the mandatory jail term.
Answers
Third offense DWI questions we hear
Is a third DWI a felony in Missouri?
Yes. A third DWI, meaning two or more prior intoxication-related traffic offenses on separate occasions, makes you a persistent offender and is a class E felony, punishable by up to four years in prison.
How long do you go to jail for a third DWI in Missouri?
A persistent offender must serve at least 30 days before probation or parole, unless they complete 60 days of community service or a DWI court or treatment program that includes it. The maximum is four years in prison.
Do old DWIs count in Missouri?
For a third offense, yes. The five-year window applies only to the second-offense prior offender enhancement. Persistent offender status counts prior intoxication-related offenses regardless of when they occurred.
What happens if you get 4 DWIs in Missouri?
A fourth DWI makes you an aggravated offender, a class D felony punishable by up to seven years, with at least 60 days served before probation or parole.
How long is your license revoked after 3 DWIs in Missouri?
The state denies a license for ten years after more than two DWI convictions. A limited driving privilege with an ignition interlock may be available during that time, and after ten years you can petition the court for reinstatement.
See also: first offense · second offense · third offense · Jefferson City DWI · Fulton DWI
Talk to us
A felony DWI is a felony case. Treat it like one.
If you are facing a third or subsequent DWI in Cole, Boone, or Callaway County, call us before your first court date.
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