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Missouri · First offense

A first DWI in Missouri: what it can result in

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A class B misdemeanor — with probation attached. Missouri grades a first DWI as a class B misdemeanor, and then restricts what the court may do with it: a first offender cannot be granted a suspended imposition of sentence unless placed on probation for at least two years. The state counts by status rather than by number — prior, persistent, aggravated, chronic and habitual offender are defined terms, and which one you are decides everything that follows.

Written any number of ways — a 1st offense DWI, DWI 1st, DWI first offense MO, or a first DWI in MO — and the paperwork will use none of them. Missouri charges it under a section number, and that is what decides the range below.

What the statute sets

Grade. Class B misdemeanor

Confinement. Set by the class

Fine. Set by the class

Missouri Revised Statutes § 577.010 · Mo. Rev. Stat. § 577.010(2)(1), (3) · checked 2026-09-04

The other half of the sentence

The device is a separate track

Missouri offers the interlock as a trade: fit the device and you drive immediately on a 90-day restricted privilege, or skip it and sit out a 30-day hard suspension first. The catch is the exit — your installer must certify you finished violation-free before the device comes off, and without that certificate you serve another 30 days.

In Missouri the interlock term runs 90 days and is administered by Missouri Department of Revenue, Driver License Bureau — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.

Source: Missouri Department of Revenue, Driver License Bureau

Speak to a Missouri DUI attorney

Ranges are set by statute; where you land inside them is argued. Tell us where the case is and we will pass it to an attorney licensed in Missouri.

Asked constantly

Missouri DWI questions

Is jail time mandatory for a 1st DWI in Missouri?

Missouri grades a first DWI as a class B misdemeanor, and then restricts what the court may do with it: a first offender cannot be granted a suspended imposition of sentence unless placed on probation for at least two years. The state counts by status rather than by number — prior, persistent, aggravated, chronic and habitual offender are defined terms, and which one you are decides everything that follows.

How likely is jail time for a first DWI in MO?

Start from what the statute forces and what it leaves to the judge. The floor here is set by the class. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.

What is the punishment range for a 1st DWI in Missouri?

Class B misdemeanor: set by the class, and a fine of set by the class. The range is set by Mo. Rev. Stat. § 577.010(2)(1), (3), and the figures on this page come from the statute rather than from a summary of it.

Does an interlock come with it in Missouri?

Missouri offers the interlock as a trade: fit the device and you drive immediately on a 90-day restricted privilege, or skip it and sit out a 30-day hard suspension first. The catch is the exit — your installer must certify you finished violation-free before the device comes off, and without that certificate you serve another 30 days. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Missouri Department of Revenue, Driver License Bureau.

Other steps in Missouri: second offense penalties and when it becomes a felony penalties.

All Missouri DWI rules →Penalties across the states →Missouri DUI lawyers →Getting the license back →

Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.