Many people assume a first-time DWI in Missouri is a simple misdemeanor with a slap on the wrist. While it is classified as a Class B Misdemeanor, the actual penalties depend heavily on your Blood Alcohol Content (BAC) at the time of arrest. It could also be the first step to a felony.

The maximum sentence for a first DWI (B Misd) is:

• Up to one six months in the county jail &
• a fine not to exceed $1000

However, given the seriousness of driving while impaired, in Missouri, the law mandates “shock” jail time for higher BAC levels:

• BAC 0.08% – 0.149%: There is no mandated minimum jail time.
• BAC 0.15% – 0.20%: Mandatory minimum of 48 hours (2 days) in jail.
• BAC > 0.20%: Mandatory minimum of 5 days in jail.

A higher BAC level also would impact probation:

• A Suspended Imposition of Sentence (SIS) is often a good outcome, but if your BAC was 0.15% or higher, you cannot receive an SIS unless you successfully complete a DWI Court program or a court-ordered treatment program.

As noted here, in Missouri the charges and punishments escalate with each DWI. The third DWI is a felony; so, this first DWI puts you 33% towards the potential adverse consequences besides prison:

• Losing your right to vote while confined under a sentence of imprisonment (note you generally cannot register or vote while on felony probation (SES) or parole).
• Losing your gun rights: It is a Class C felony for any person convicted of a felony to knowingly possess a firearm – even non-violent felonies.
• Preventing you from holding public office: A felony conviction generally disqualifies you from holding any public office in the state.
• Disqualifying you from jury service: Anyone convicted of a felony is forever disqualified from serving as a juror in Missouri.
• Impacting employment:
  • Professional Licenses: Licensing boards (for nursing, teaching, real estate, etc.) can deny, suspend, or revoke licenses based on a criminal history
  • Restricted Professions: Certain roles—such as law enforcement officer—are generally off-limits for those with a felony conviction.

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Statutes Cited: RSMo 577.010; RSMo 558.011; RSMo 558.002