577.010 RSMo – Missouri DWI Laws & Sentencing Guidelines

577.010. Driving while intoxicated — sentencing restrictions.

It’s a crime to drive while intoxicated, and the punishment depends on how serious the situation is or the driver’s past record.

This law outlines the offense of driving while intoxicated (DWI) and details how the penalties increase for repeat offenders or when someone gets hurt or killed as a result of the intoxicated driving.

1. A person commits this offense by operating a vehicle while in an intoxicated condition.

2. The level of the offense and penalty depends on the circumstances:

(1) Class B misdemeanor: Standard first-time DWI offense.
(2) Class A misdemeanor if:
- (a) The person is a prior offender; or
- (b) There is a passenger under 17 years old in the vehicle.
(3) Class E felony if:
- (a) The person is a persistent offender; or
- (b) They cause physical injury to another person through criminal negligence while driving intoxicated.
(4) Class D felony if:
- (a) The person is an aggravated offender;
- (b) They cause physical injury to a law enforcement officer or emergency responder through criminal negligence; or
- (c) They cause serious physical injury to another person through criminal negligence.
(5) Class C felony if:
- (a) The person is a chronic offender;
- (b) They cause serious physical injury to a law enforcement officer or emergency responder through criminal negligence; or
- (c) They cause the death of another person through criminal negligence.
(6) Class B felony if:
- (a) The person is a habitual offender;
- (b) They cause the death of a law enforcement officer or emergency responder;
- (c) They cause the death of someone who was not a passenger in the vehicle, including someone killed when the vehicle leaves the road or highway;
- (d) They cause the death of two or more people; or
- (e) They cause the death of someone while having a blood alcohol content of 0.18% or higher.
(7) Class A felony if:
- The person has already been found guilty of any offense listed in subsection (6) and commits another offense under that same list.

3. For a first-time DWI offense, the court may not allow a suspended imposition of sentence (SIS) unless:

(1) The person is placed on probation for at least two years; or
(2) If the person had a blood alcohol content (BAC) of 0.15% or more and a DWI court or treatment program is available, they must participate in and complete that program.

4. For a second or later DWI offense, the court may require:

Continuous alcohol monitoring, or
Breath testing at least four times per day as part of probation.

5. If SIS is not granted due to BAC level:

(1) BAC between 0.15% and 0.20%: minimum 48 hours in jail;
(2) BAC over 0.20%: minimum 5 days in jail.

6. For those found guilty of DWI as a repeat or serious offender:

(1) Prior, persistent, aggravated, chronic, or habitual offenders cannot receive SIS or be fined instead of jail time.
(2) A prior offender must serve at least 10 days in jail unless they:
- (a) Do 30 days of court-supervised community service; or
- (b) Complete a DWI court or treatment program and perform 30 days of community service.
(3) A persistent offender must serve at least 30 days in jail unless they:
- (a) Do 60 days of community service; or
- (b) Complete a treatment program and do 60 days of community service.
(4) An aggravated offender must serve at least 60 days in jail before parole or probation.
(5) A chronic or habitual offender must serve at least 2 years before being eligible for parole or probation.
(6) Parole or probation may include alcohol monitoring or breath testing at least four times per day.