What is a misdemeanor DWI in Missouri?

Were you arrested for DWI in Springfield and told it may be a misdemeanor, but you’re not sure what that actually means? That question matters.

In Missouri, a misdemeanor DWI is a criminal DWI charge that is not filed as a felony, though more serious DWI cases can result in more severe charges. For example, a first time DWI is usually a Class B misdemeanor, but it can become a Class A misdemeanor if the person is a prior offender or if a child under 17 was in the vehicle. Very serious DWI cases can even become felonies.

Regardless, while a misdemeanor DWI is less serious than a felony DWI, it’s still a criminal charge, meaning it can affect your license, record, insurance, job, and future.

Quick guide to misdemeanor DWI in Missouri

DWI charge level	When it may apply	Why it matters
Class B misdemeanor DWI	Often a first DWI with no aggravating facts	Criminal record, possible jail, fines, probation, license issues
Class A misdemeanor DWI	Prior offender or child under 17 in vehicle	Higher misdemeanor level and greater risk
Felony DWI	Persistent offender, injury facts, or more serious repeat history	Prison exposure and more severe long-term consequences
Administrative license case	May apply even while the criminal case is pending	Separate Missouri Department of Revenue process

What is a misdemeanor DWI?

A misdemeanor DWI is a driving while intoxicated charge that is below the felony level. Missouri law says a person commits DWI if he or she operates a vehicle while in an intoxicated condition.

For many people, the word “misdemeanor” sounds minor, which can be misleading in a DWI case. Despite being less serious than a felony, a misdemeanor is still a crime that can result in jail time, fines, probation, license consequences, court orders, and a criminal record.

Is a first DWI a misdemeanor in Missouri?

Missouri law says DWI is a Class B misdemeanor unless certain facts raise it to a Class A misdemeanor or felony level. Therefore, in many Missouri cases, a first time DWI is charged as a Class B misdemeanor. 

However, a first time DWI case can still be serious, and may involve:

• A criminal court case
• Driver’s license suspension
• Probation
• Fines and court costs
• Substance Awareness Traffic Offender Program (SATOP)
• Insurance issues
• Ignition interlock issues in some cases
• Future enhancement risk if another DWI happens later

Missouri law also says a person found guilty of a first DWI generally cannot receive a suspended imposition of sentence unless placed on probation for at least two years, with additional rules for certain high-BAC cases in circuits with DWI court or treatment programs.

What is a prior offender?

Under Missouri DWI law, a prior offender is a person who has been previously found guilty of one intoxication-related traffic offense within the last five years of the current charged offense.

This matters because prior offender status can raise a DWI from a Class B misdemeanor to a Class A misdemeanor.

Class B Misdemeanor DWI vs. Class A Misdemeanor DWI

A Class B misdemeanor DWI and a Class A misdemeanor DWI are both misdemeanors, but they do not carry the same risk.

Missouri law, for instance, says a Class B misdemeanor can carry up to six months in jail, while a Class A misdemeanor can carry up to one year in jail. Missouri’s general fine statute also allows a fine up to $1,000 for a Class B misdemeanor and up to $2,000 for a Class A misdemeanor.

Misdemeanor level	Possible jail range	Possible fine under general Missouri fine statute
Class B misdemeanor	Up to 6 months	Up to $1,000
Class A misdemeanor	Up to 1 year	Up to $2,000

When a DWI becomes a felony in Missouri

Not every DWI is a misdemeanor. A DWI can become a felony if the person has repeat DWI history or if the case involves injury, serious injury, death, or other serious facts listed in Missouri law.

For example, Missouri law says DWI can be a Class E felony if the defendant is a persistent offender. That is why prior history matters. A person may think the current arrest is “just another misdemeanor,” but the record may change the charge level.

How a misdemeanor DWI can affect your driver’s license

A misdemeanor DWI can also affect your driver’s license.

Two separate sections of law may govern a DWI arrest: criminal law and administrative law. Criminal law deals with the ticket. Administrative law can impose a separate license suspension or revocation if the BAC was over the legal limit or the person refused testing.

Drivers generally have 15 days from the date the Notice of Suspension or Revocation is issued to request an administrative hearing.

For a first alcohol conviction, driving privileges are suspended for 30 days, followed by a 60-day Restricted Driving Privilege, according to the Department of Revenue. Some drivers may qualify for an immediate 90-day Restricted Driving Privilege if they install an approved Ignition Interlock Device.

If the driver’s record shows one or more prior alcohol convictions, driving privileges are revoked for one year, the driver is not eligible for a Restricted Driving Privilege, and the driver may be eligible for a Limited Driving Privilege.

Criminal court vs. the Missouri Dept. of Revenue (DOR) license process

A misdemeanor DWI usually has two tracks:

• Criminal court case: The charge, plea, trial, probation, fines, jail risk, and court orders.
• Missouri DOR license process: The impacts on your driving privileges.

While related, these tracks are not the same. A court case may still be pending while the license deadline is already running. Administrative suspension or revocation can apply even if the ticket is disposed of in court or reduced to a lesser charge.

SATOP and a misdemeanor DWI

The Substance Awareness Traffic Offender Program (SATOP) is a requirement individuals must complete due to an administrative suspension or revocation from a DWI or DUI offense, a court order, a condition of probation, or a plea bargain.

That means SATOP can come up in more than one way, including license reinstatements, probation, or a negotiated court outcome.

What happens after a misdemeanor DWI arrest in Springfield?

After a misdemeanor DWI arrest in Springfield, you may receive paperwork with a court date and license information. In particular, you should look for:

• The ticket or summons
• The court listed on the paperwork
• The next court date
• A Notice of Suspension or Revocation
• A temporary driving permit
• Breath, blood, or refusal paperwork
• Bond conditions
• Any order about alcohol monitoring or no driving

Springfield cases may be filed in Greene County courts or another local court, depending on the arresting agency and location. The Greene County Circuit Clerk states that the 31st Judicial Circuit handles traffic tickets, misdemeanor criminal cases, felony criminal cases, and other case types.

What people confuse about misdemeanor DWIs

Misconception	Truth
A misdemeanor DWI is “just a ticket.”	A DWI is a criminal charge. It can affect your license, record, insurance, job, and future.
A first time DWI doesn’t carry jail exposure.	A Class B misdemeanor can carry up to six months in jail under Missouri law.
License and criminal cases are the same thing.	The Department of Revenue process can move on its own timeline, even while the criminal case is pending.
DUI and DWI are the same thing.	People often search for DUI (driving under the influence), but Missouri’s main statute uses DWI (driving while intoxicated).
A misdemeanor DWI can’t become more serious later.	Prior DWI history can affect how a future DWI is charged.

What to ask a DWI lawyer

A good consultation should help you understand the charge, the license risk, and the next steps. Therefore, before you decide what to do, ask a DWI lawyer:

• Is this charged as a Class B misdemeanor, Class A misdemeanor, or felony?
• Do I have a license hearing deadline?
• Was there a breath or blood test?
• Is refusal alleged?
• Do I have prior history that affects the charge?
• Could this affect my job or professional license?
• Will I need SATOP?
• What court dates do I need to know?
• What are the possible outcomes?
• What should I avoid doing before court?

A misdemeanor DWI in Missouri is not the same as a minor traffic ticket. It is a criminal charge that may involve jail exposure, fines, probation, SATOP, license suspension, and long-term record concerns.

If you were charged with a misdemeanor DWI in Springfield or Southwest Missouri, MRD Lawyers can review the charge, explain the court and license process, and help you understand your options. Schedule a free consultation before your next court date or license deadline.