Missouri Drunk Driving Laws

When is a Driver Considered to be Legally Drunk in Missouri?

• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater. In Missouri, school bus drivers are commercial drivers.
• Drivers under 21 are legally drunk when their blood alcohol level is .02 or more.

Penalties for Drunk Driving in Missouri

• A first-time offender faces up to six months in prison and a fine of up to $500. The driver’s license revocation period is 30 days, followed by a 60-day period of restricted driving privilege, which would enable the offender to drive to certain places, such as work or school.
• A person who commits a second DUI within five years faces up to one year in prison and a fine of up to $1,000. The driver’s license revocation period is one year.
• A person who commits a third DUI is deemed a “persistent offender” and faces up to four years in prison and a fine of up to $5,000. The offender’s driver’s license will be revoked. Depending on the circumstances surrounding all of the convictions, the offender may or may not be eligible to apply for reinstatement at the expiration of five years after the offender has served time.
• A person who commits a fourth DUI is deemed an “aggravated offender” and faces up to seven years in prison and a fine of up to $5,000. The offender’s driver’s license will be revoked. Depending on the circumstances surrounding all of the convictions, the offender may or may not be eligible to apply for reinstatement at the expiration of 10 years after the offender has served time.
• A person who commits a fifth or subsequent offense is deemed a “chronic offender” and faces five to 15 years in prison. Depending on the circumstances surrounding all of the convictions, the offender may or may not be eligible to apply for reinstatement after serving time.

• Other Drunk Driving Penalties
• What is Missouri’s Dram Shop Law?
• Criminal Penalties for Selling Alcohol to a Minor
• Criminal Penalties for Allowing Minor to Drink

Ignition Interlock

• For a first DUI, the sentencing judge may order the offender to use an ignition interlock device for at least one month after reinstatement of the offender’s driver’s license.
• For a second offense, the offender must use an ignition interlock device for at least one month after reinstatement of the offender’s driver’s license.
• In cases where a judge is permitted to grant limited driving privileges to a person who is convicted of a second or subsequent DUI, the judge must order that the offender use an ignition interlock device on all vehicles he or she operates as a required condition of the limited driving privilege.

Commercial Drivers

In addition to other penalties that may be imposed under Missouri’s DUI laws, a commercial driver who commits a first DUI while driving any vehicle will be disqualified from driving a commercial vehicle for at least one year. If, however, the offense was committed while the driver was operating a commercial vehicle and transporting hazardous materials, the disqualification period is at least three years. If a commercial driver is convicted of a second DUI while driving any vehicle, the offender will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to 10 years.

Drivers Under 21

In addition to other penalties that may apply, underage DUI offenders are required to complete a substance abuse traffic program. Additionally, a driver under 21 who commits a first DUI will receive a driver’s license suspension of 90 days. For a second or subsequent offense, the driver’s license revocation period is one year.

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What is Missouri’s Dram Shop Law?

Under this law, a cause of action may be brought by or on behalf of any person who has suffered personal injury or death against a licensed drinking establishment if the establishment knew or should have known that it was serving liquor to a person under 21 or to a visibly intoxicated person. Under this law, however, persons 21 and over who are injured as a result of their own intoxication have no claim against the bar.

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Criminal Penalties for Selling Alcohol to a Minor

In Missouri, it is a crime for a licensed drinking establishment to sell alcohol to a minor. This crime is punishable by a fine ranging from $50 to $1,000, imprisonment in a county jail for up to one year, or both.

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Criminal Penalties for Allowing Minor to Drink

Anyone who knowingly allows a minor to drink or fails to stop a minor from drinking or having alcohol in their home commits a crime which is punishable by up to six months in prison, a fine of up to $500, or both. This law does not apply to parents who allow their underage children to drink at home.

Need more information on state laws? Learn more about the laws where you live.

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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.