Answered by Christopher Combs in DWI/DUI on September 25, 2024.

How Likely is Jail Time for a First Time DUI/DWI Offense in Missouri? For a first-time DWI/DUI offense in Missouri, it’s unlikely you’ll face any jail time. According to Missouri Revised Statute § 577.010, a first-time DWI/DUI is a class B misdemeanor, with a maximum of 6 months in jail and/or a $500 fine, unless an individual less than 17 years of age is in your vehicle then it’s a class A misdemeanor.

In order to be sure of staying out of jail though, it’s best to hire a skilled and experienced DWI/DUI defense attorney with expertise in successfully defending clients throughout Missouri.

If you’re facing DWI/DUI charges, call Combs Waterkotte immediately at (314) 900-HELP or contact us online for a free, confidential consultation where you can discuss the specifics of your case with one of our expert DWI/DUI defense lawyers.

How Can I Avoid Jail Time for a DWI/DUI in Missouri?

There is no mandatory minimum jail time for a first-time DWI/DUI offense unless there are any aggravating factors, such as causing an accident, having a minor in the vehicle, or having a high blood alcohol content (BAC). Oftentimes, judges may offer a suspended imposition or execution of your sentence or put you on probation.

If the judge does suspend your sentence, you may have to agree to complete a Substance Abuse Traffic Offender Program (SATOP), install an Ignition Interlock Device (IID), and/or agree to generally stay out of trouble for a specific amount of time. You may also have to provide random alcohol or drug samples to the court.

Factors Influencing Possible Jail Time

There are a few exceptions to first-time offenders being unlikely to serve jail time, including:

  • A Higher BAC Level: Higher BAC levels (e.g., .15% or above) can lead to harsher penalties, including a greater likelihood of jail time.
  • Judge’s Discretion: The judge handling your case has significant discretion in determining whether to impose jail time, and for how long, based on your behavior and remorse, as well as the specific circumstances of your case.
  • Aggravating Circumstances: If your DWI/DUI involved an accident, injuries, death, or reckless driving, the court is more likely to impose a jail sentence.

Many first-time DWI/DUI offenders in Missouri, particularly those with an experienced defense attorney by their side, avoid jail time.

Call Combs Waterkotte now to protect your rights and future at (314) 900-HELP or contact us online to have a free, one-on-one case review with a knowledgeable DWI/DUI lawyer.

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