Missouri DWI penalties by offense tier
Which tier your case falls into matters far more than anything about how the stop went. It turns on prior convictions, on how far back Missouri counts them, and on whether anyone was hurt.
Last reviewed August 12, 2026
Penalty tiers at a glance
| Tier | Class | Jail | Fine | Interlock | Lookback |
|---|---|---|---|---|---|
| Driving while intoxicated (base offense) Sec. 577.010 RSMo | Class B misdemeanor | Up to 180 days | Up to $1,000 | ||
| Prior offender Secs. 577.001, 577.010 RSMo | Class A misdemeanor | 10 days to 365 days (1 year) | Up to $2,000 | 5 years | |
| Persistent offender Secs. 577.001, 577.010 RSMo | Class E felony (felony) | 30 days to 1,460 days (4 years) | Up to $10,000 | No time limit | |
| Aggravated offender Secs. 577.001, 577.010 RSMo | Class D felony (felony) | 60 days to 2,555 days (7 years) | Up to $10,000 | No time limit | |
| Chronic offender Secs. 577.001, 577.010 RSMo | Class C felony (felony) | 730 days (2 years) to 3,650 days (10 years) | Up to $10,000 | No time limit | |
| Habitual offender Secs. 577.001, 577.010 RSMo | Class B felony (felony) | 730 days (2 years) to 5,475 days (15 years) | No time limit | ||
| Driving with excessive blood alcohol content (base offense) Sec. 577.012 RSMo | |||||
| Excessive BAC, commercial motor vehicle Sec. 577.012.1(2) RSMo |
Jail and fine figures are the range the statute allows, not what a first appearance usually produces. Fines exclude court costs, assessments, interlock lease costs and reinstatement fees.
Each tier in detail
Driving while intoxicated (base offense)
Sec. 577.010 RSMo- Class
- Class B misdemeanor
- Jail
- Up to 180 days
- Fine
- Up to $1,000
First offense. Suspended imposition of sentence requires a minimum two-year probation term. Where BAC was 0.15 or higher and a DWI court or docket under Sec. 478.007 is available in the circuit, SIS additionally requires completing that program. If SIS is not granted: minimum 48 hours imprisonment at BAC 0.15-0.20, minimum 5 days above 0.20.
THREE SEPARATE LICENSE ACTIONS can follow a single arrest: (1) the administrative suspension under Secs. 302.500 to 302.540, which begins immediately and runs on the fifteen-day clock; (2) a conviction-based suspension applied by the Department of Revenue once a court conviction is reported, which agency guidance puts at ninety days for a first DWI or BAC conviction; and (3) a one-year revocation under Sec. 577.041 where chemical testing was refused. Sec. 302.525.4 provides that where both a suspension under that section and a conviction-based action arise from the same occurrence, the administrative period is credited against the other and the total does not exceed the longer of the two.
About the fine
Sec. 558.002.1(3) RSMo. The figure is a statutory maximum, not a typical outcome, and it excludes court costs, the SATOP assessment, interlock lease costs and reinstatement fees, which together usually exceed the fine itself.
Which version of the statute
figures taken from the text of Sec. 577.010 effective 28 August 2026 (A.L. 2026 H.B. 1740). A different version governed until 27 August 2026.
Prior offender
Secs. 577.001, 577.010 RSMo- Class
- Class A misdemeanor
- Jail
- 10 days to 365 days (1 year)
- Fine
- Up to $2,000
- Lookback
- 5 years
Also a class A misdemeanor where a person under seventeen was in the vehicle, regardless of priors. Not eligible for SIS or a fine in lieu of imprisonment. The 10 days is a minimum served before parole or probation eligibility, and may be substituted by at least 30 days court-supervised community service, or by completing a Sec. 478.007 program plus 30 days community service.
About the fine
Sec. 558.002.1(2) RSMo. The figure is a statutory maximum, not a typical outcome, and it excludes court costs, the SATOP assessment, interlock lease costs and reinstatement fees, which together usually exceed the fine itself.
Which version of the statute
figures taken from the text of Sec. 577.010 effective 28 August 2026 (A.L. 2026 H.B. 1740). A different version governed until 27 August 2026.
Persistent offender
Secs. 577.001, 577.010 RSMo- Class
- Class E felony
- Jail
- 30 days to 1,460 days (4 years)
- Fine
- Up to $10,000
- Lookback
- No time limit on prior convictions
NO LOOKBACK LIMIT. Two or more intoxication-related traffic offenses on separate occasions, however old. Minimum 30 days before parole or probation eligibility, substitutable by at least 60 days community service or a Sec. 478.007 program plus 60 days community service.
About the fine
Sec. 558.002.1(1) RSMo. The figure is a statutory maximum, not a typical outcome, and it excludes court costs, the SATOP assessment, interlock lease costs and reinstatement fees, which together usually exceed the fine itself.
Which version of the statute
figures taken from the text of Sec. 577.010 effective 28 August 2026 (A.L. 2026 H.B. 1740). A different version governed until 27 August 2026.
Aggravated offender
Secs. 577.001, 577.010 RSMo- Class
- Class D felony
- Jail
- 60 days to 2,555 days (7 years)
- Fine
- Up to $10,000
- Lookback
- No time limit on prior convictions
NO LOOKBACK LIMIT. Also a class D felony where the defendant acts with criminal negligence to cause physical injury to another person. Minimum 60 days before parole or probation eligibility, with no community-service substitution.
About the fine
Sec. 558.002.1(1) RSMo. The figure is a statutory maximum, not a typical outcome, and it excludes court costs, the SATOP assessment, interlock lease costs and reinstatement fees, which together usually exceed the fine itself.
Which version of the statute
figures taken from the text of Sec. 577.010 effective 28 August 2026 (A.L. 2026 H.B. 1740). A different version governed until 27 August 2026.
Chronic offender
Secs. 577.001, 577.010 RSMo- Class
- Class C felony
- Jail
- 730 days (2 years) to 3,650 days (10 years)
- Fine
- Up to $10,000
- Lookback
- No time limit on prior convictions
NO LOOKBACK LIMIT. Also a class C felony where the defendant acts with criminal negligence to cause serious physical injury to another person. Minimum two years before parole or probation eligibility.
About the fine
Sec. 558.002.1(1) RSMo. The figure is a statutory maximum, not a typical outcome, and it excludes court costs, the SATOP assessment, interlock lease costs and reinstatement fees, which together usually exceed the fine itself.
Which version of the statute
figures taken from the text of Sec. 577.010 effective 28 August 2026 (A.L. 2026 H.B. 1740). A different version governed until 27 August 2026.
Habitual offender
Secs. 577.001, 577.010 RSMo- Class
- Class B felony
- Jail
- 730 days (2 years) to 5,475 days (15 years)
- Lookback
- No time limit on prior convictions
NO LOOKBACK LIMIT. Also a class B felony where the defendant acts with criminal negligence to cause the death of another person, in which case the minimum before parole or probation eligibility is five years rather than two.
About the fine
Sec. 558.002.1 does not state a fine for class A or class B felonies. Do not render a fine figure for this tier.
Which version of the statute
figures taken from the text of Sec. 577.010 effective 28 August 2026 (A.L. 2026 H.B. 1740). A different version governed until 27 August 2026.
Driving with excessive blood alcohol content (base offense)
Sec. 577.012 RSMoSEPARATE OFFENSE from Sec. 577.010 DWI, not a tier of it, and commonly charged alongside it. Per se: proved by the reading alone with no need to show impairment. Threshold is eight-hundredths of one percent for a vehicle. Sec. 577.012 subsection 3 sets out its own tier structure mirroring Sec. 577.010.
Excessive BAC, commercial motor vehicle
Sec. 577.012.1(2) RSMoFour one-hundredths of one percent, half the ordinary threshold. A commercial driver can be over the commercial limit while comfortably under the limit that applies to everyone else. Separate CDL disqualification consequences apply on top of the criminal case.
Where this leaves you
A tier is not a sentence. Which one applies, and what actually happens inside its range, is what a defense lawyer argues about.