Got Your 2nd, 3rd, or 4th DWI in Missouri? Here’s Why You Have a Big Problem. Missouri has some of the toughest DWI penalties in the country. Even a first offense can result in a suspended license, fines, and jail time. If you’re facing a second, third, or fourth offense, the consequences become even more severe, including felony charges and long-term license revocation.
Many drivers assume that a DWI is just a minor offense, but a conviction can impact your ability to drive, your career, and your future. Understanding what happens after a DWI arrest—and how to protect your rights—is critical.
If you or a loved one has been charged with a DWI, don’t wait—speak with an experienced DWI defense attorney as soon as possible.
Criminal vs. Administrative DWI Penalties in Missouri
When charged with a DWI in Missouri, you face two separate legal processes: the criminal case (handled by the courts) and the administrative license suspension (handled by the Missouri Department of Revenue). These are separate but both have serious consequences.
Criminal Penalties (Court-Imposed)
The criminal penalties you face depend on how many prior DWI offenses you have.
| Offense | Charge | Jail Time | Fines |
|---|---|---|---|
| First DWI | Class B Misdemeanor | Up to 6 months | Up to $500 |
| Second DWI | Class A Misdemeanor | Up to 1 year | Up to $1,000 |
| Third DWI | Class D Felony (Persistent Offender) | Up to 4 years | Up to $5,000 |
| Fourth DWI | Class C Felony (Aggravated Offender) | Up to 7 years | Up to $5,000 |
| Fifth DWI | Class B Felony (Chronic Offender) | 5-15 years | Up to $5,000 |
| Sixth or More DWI | Class A Felony (Habitual Offender) | 10-30 years or life | Up to $5,000 |
Administrative Penalties (License Suspension)
In addition to criminal penalties, Missouri law imposes administrative penalties that affect your driving privileges.
- First Offense: 90-day suspension (possible restricted driving privileges).
- Second Offense (within 5 years): 1-5 year license revocation.
- Third Offense or More: 10-year license revocation.
- Sixth or More: Permanent license revocation.
See below for more details.
What Happens When You Get Your First DWI in Missouri?
When you’re pulled over and found to be over the legal limit, or refuse to volunteer for testing, you’ll be charged with a DWI (Driving While Intoxicated). The officer will seize your license and issue a temporary permit. When this permit expires your license is typically suspended for 30 days, followed by 60 days on a “restricted license”, though in some cases you can get restricted driving privileges.
There are two parts to your penalty; criminal penalties and administrative penalties. Generally, a first offense DWI is a class B misdemeanor, though if there are additional circumstances this may change. A first offense DWI has a maximum jail sentence of 6 months, though the judge may choose to suspend this sentence.
Your probation may include continuous alcohol monitoring, often through an ankle bracelet, or random testing. If you fail to meet the requirements of your probation you are likely to receive additional jail time.
Regardless of your individual penalties, you will have to complete a substance abuse program for traffic offenders before receiving your full driving rights back.
What Happens When You Get Your Second DWI in Missouri?
This depends on when your first DWI was. If your first DWI conviction was more than 5 years ago, you will once again be charged with a first DWI and receive those same charges and penalties. In most cases, a second DWI charge is a class A misdemeanor.
If it was your second DWI in 5 years, however, your punishment becomes more severe.
You may be sentenced to up to one year in jail, you’ll receive a fine of up to $1,000, and in most cases, you’ll have your license revoked for 1 – 5 years. You’ll likely have an ignition interlock device installed in your vehicle after this time, which prevents a car from starting unless your BAC is below the legal limit.
Is a Second DWI a Felony?
In normal circumstances (you weren’t driving dangerously or in a car accident) you will be charged with a class A misdemeanor, not a felony.
How Many DWIs Does it Take to Be a Felony?
In most cases, it takes 3 DWIs to become a felony charge, and it will be a “persistent offender” offense, otherwise known as a class D felony. Felonies are a permanent mark on your record.
What Happens if You Get 3 DWIs in Missouri
If you are charged with your third DWI in your lifetime, you’ll face up to 4 years in jail, community service, a fine of up to $5,000, your license will be revoked for 10 years, and you’ll have the ignition interlock device we talked about in the “second DWI” section installed when your license is returned. Your DWI will be class D felony, which means it will stay on your record permanently.
What Happens if you Get 4 DWIs in Missouri?
If you are charged with your fourth DWI in your lifetime, your license will be revoked for at least another 10 years. A fourth offense is classed as an “aggravated offender” and a class C felony. A fourth DWI offense may result in a prison sentence of up to 7 years, and a fine of up to $5,000.
What Are the Consequences of a Felony DWI?
Felony DWI convictions carry severe consequences beyond just jail time and fines. Some of the **long-term effects of a felony DWI** include:
- Permanent criminal record that can affect employment and housing
- Loss of professional licenses (for CDL drivers, healthcare workers, teachers, etc.)
- Travel restrictions (some countries deny entry to those with felony convictions)
- Significantly increased insurance premiums
Unlike misdemeanors, felony DWI convictions cannot be expunged in Missouri.
Is There a Statute of Limitations for a DWI in Missouri?
Yes. Under Missouri Revised Statutes §556.036, the statute of limitations for filing a DWI charge is:
- 1 year for misdemeanor DWIs
- 3 years for felony DWIs
This means prosecutors must file charges within this time frame. However, once a charge is filed, there is no time limit on prosecution.
Call a St. Louis DWI Lawyer Today
At Combs Waterkotte, we have successfully defended clients against repeat DWI charges, helping them avoid felony convictions, long-term license revocation, and jail time. If you or a loved one is facing a second, third, or fourth DWI, contact us online or call (314) 900-HELP today for a free case evaluation.
