Have A Question? Search This Site:
Overview of Second-Offense DWI Penalties in Missouri
A second DWI (Driving While Intoxicated) offense in Missouri brings substantially harsher penalties than a first offense. The law treats repeat offenses as a serious threat to public safety, and the consequences reflect that. From longer license suspensions to increased jail time and felony risk, a second offense can significantly affect a person’s legal record and daily life.
This post outlines what happens when someone is charged with a second DWI in Missouri. It explains both criminal and administrative penalties, eligibility for restricted licenses, and how Missouri distinguishes between first and repeat offenders in both court and Department of Revenue actions.
Missouri law officially uses the term DWI, not DUI, and this terminology is used throughout the post to align with the state’s definitions.
Let’s walk through what changes after a second offense—and why the stakes are so much higher.
Criminal Penalties for a Second DWI Offense
Under Missouri law, a second DWI offense within five years of the first is classified as a Class A misdemeanor, a step up from the Class B misdemeanor used for first offenses. That classification brings stiffer penalties, including mandatory minimum jail time.
Typical criminal penalties include:
- Jail time: Up to 1 year in jail, with a mandatory minimum of 10 days, which cannot be suspended or replaced with probation. In some cases, a judge may allow the remainder of the sentence to be served through community service.
- Fines: Up to $2,000, not including additional court fees or administrative costs.
- Probation: Often assigned after serving the minimum jail time, with conditions such as no alcohol use, compliance with treatment programs, and regular check-ins.
- Community service: May be used in combination with jail time, depending on court discretion.
In addition to these, the court may order completion of the Substance Abuse Traffic Offender Program (SATOP), especially if it was not completed after the first offense.
Courts also take a stricter stance with second-time offenders. Judges may be less inclined to offer leniency, especially if aggravating circumstances are present, such as high BAC or refusal to cooperate during arrest.
Administrative License Consequences After a Second DWI
Alongside criminal penalties, Missouri imposes administrative sanctions through the Department of Revenue. These actions are separate from the court process and apply automatically if the driver fails a BAC test or refuses testing during a second arrest.
Key administrative penalties include:
- License revocation for 1 year for a second DWI-related arrest within five years
- Installation of an ignition interlock device (IID) as a condition for reinstatement
- Requirement to maintain SR-22 insurance for two years following reinstatement
- 12 points added to the driver’s record
It’s important to note that the one-year revocation is not just a suspension—it is a revocation, meaning driving privileges are formally withdrawn and must be reapplied for after the period ends.
Administrative actions begin 15 days after notice is served, unless the driver requests a hearing within the required window. These penalties are separate from any imposed by a judge.
The Impact of Chemical Test Refusal on Second Offenses
Missouri enforces strict Implied Consent laws, meaning that refusing a chemical test during a DWI arrest triggers additional administrative penalties. For second-time offenders, these consequences are even more severe.
If a driver refuses a breath, blood, or urine test during their second DWI arrest, they face:
- Automatic one-year license revocation
- Limited eligibility for restricted driving privileges
- Mandatory IID installation before any driving can resume
- Hard revocation period, meaning no driving at all for a portion of the year
Test refusal also complicates the court case, as it may be interpreted as non-cooperation. Judges can consider the refusal during sentencing and may apply additional penalties as a result.
License Reinstatement and Driving Privileges
After a second DWI revocation, reinstating driving privileges in Missouri is a multi-step process. Drivers are not automatically granted a new license once the revocation ends.
To apply for reinstatement, individuals must:
- Complete the revocation period (usually one year)
- Show proof of SATOP completion
- File SR-22 insurance and maintain it for two years
- Pay reinstatement fees to the Missouri Department of Revenue
- Install and maintain an IID as required
In many cases, drivers may be eligible for Restricted Driving Privileges (RDP) during the revocation, particularly for commuting to work or medical appointments. However, this requires court approval and full compliance with all program requirements.
Some second-time offenders may face extended IID usage periods or additional restrictions based on BAC level or the presence of aggravating factors.
Aggravated and Persistent Offender Designations
Missouri law uses specific classifications to categorize repeat DWI offenders:
- A “prior offender” has been convicted of one previous DWI
- A “persistent offender” has two prior DWI convictions
- An “aggravated offender” has three or more DWI convictions
For second-time offenders, the label “prior offender” applies, which begins to unlock harsher sentencing options for any future offenses. Being labeled a persistent or aggravated offender in later cases can result in felony charges and prison time, not just jail.
This classification also affects eligibility for expungement. In Missouri, only first-time DWI offenses may qualify for eventual expungement. A second offense permanently disqualifies a person from removing the DWI from their criminal record.
Comparing Criminal and Administrative Penalties
The dual-track system used in Missouri means a second DWI comes with both criminal and administrative penalties. These operate independently and must each be addressed.
Criminal penalties (court):
- Jail time
- Fines
- Probation
- Criminal record
Administrative penalties (Department of Revenue):
- License revocation
- Ignition interlock requirements
- SR-22 insurance
- Driver’s license points
Failing to resolve either side can result in long-term consequences, such as loss of driving privileges, increased insurance rates, or additional legal action.
Understanding how both systems interact helps clarify the full scope of what happens after a second DWI in Missouri.
FAQ: Second DWI Offense in Missouri
Q: Is jail time mandatory for a second DWI in Missouri?
A: Yes. A second offense carries a mandatory 10-day minimum jail sentence, though part of it may be served through community service if allowed by the court.
Q: How long will my license be revoked?
A: Typically, your license will be revoked for one year after a second DWI within five years of the first offense.
Q: Can I get a restricted license after a second DWI?
A: Possibly. Eligibility depends on several factors, but many second-time offenders can apply for Restricted Driving Privileges after serving part of their revocation.
Q: Will I have to install an ignition interlock device?
A: Yes. IID installation is generally required after a second DWI before driving privileges can be reinstated or restricted.
Q: Can I get a second DWI expunged?
A: No. Missouri law only allows first-time DWI offenses to be considered for expungement under specific conditions.
Conclusion
A second DWI in Missouri leads to a significant escalation in penalties, including mandatory jail time, a one-year license revocation, and stricter oversight from both the courts and the Department of Revenue. Understanding how criminal and administrative penalties interact is essential for anyone facing a second offense. The road to reinstatement is longer and more complex, with fewer chances for leniency than a first-time case.
For a full breakdown of all legal and administrative outcomes associated with DWI offenses, visit our resource on DWI penalties and consequences.
To better understand the differences between Missouri’s two-track penalty system, review our dedicated guide on criminal vs administrative DWI penalties.