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1st Offense DWI

Missouri First Offense DWI Lawyer

Being charged with a first offense DWI in Missouri is overwhelming, especially for individuals who have never been arrested before. Clients often contact us worried about jail, their driver’s license, employment consequences, and the long-term impact of a criminal record.

A first offense DWI is serious, but outcomes are not automatic. The result depends on the facts, the evidence, the jurisdiction, and how the case is handled from the beginning under RSMo §§ 577.001 and 577.010.

Kissell Law Group has more than 17 years of experience defending DWI cases statewide and has helped over 2,100 clients navigate this process with clarity and confidence.

Missouri First Offense DWI: What You Need to Know

  • Charge: Class B misdemeanor under RSMo § 577.010
  • Jail: Up to 6 months possible. Certain BAC levels trigger mandatory minimum jail unless conviction is avoidedunder RSMo § 577.023
  • License:
  • 30-day suspension
  • Possible restricted driving privileges thereafter
  • Governed by RSMo §§ 505 and 302.525
  • Points:
    8 pointsassessed upon conviction under RSMo § 302.302
  • Record:
    SIS availability depends on BAC level, jurisdiction, and local court practicesunder RSMo § 577.023
  • Timing Matters:
    Immediate action is required after arrest
  • 15 daysto act if you submitted to a breath or blood test under RSMo § 302.505
  • 30 daysto act if you refused testing under RSMo § 577.041
    Missing these deadlines can result in automatic license suspension
  • Consultation: Free. Early evaluation and prompt action are critical.

Outcomes vary significantly by county, judge, prosecutor, and the specific facts of each case.

What Is a First Offense DWI in Missouri?

A first offense DWI is classified as a Class B misdemeanor under RSMo § 577.010. While the statute outlines potential penalties, those penalties are not imposed automatically.

The State must prove:

  • Lawful stop
  • Probable cause to arrest
  • Proper administration of field sobriety testing
  • Reliable chemical testing
  • Compliance with constitutional and statutory procedures

Each of these elements is subject to challenge.

License Consequences Begin Immediately

The driver license case is separate from the criminal case. Deadlines begin immediately after arrest, not at your first court date.

Failure to act within statutory timelines under RSMo §§ 302.505 and 577.041 can result in automatic suspension regardless of what happens in court.

Jail Exposure and BAC Considerations

Certain BAC levels trigger enhanced sentencing provisions under RSMo § 577.023 if a conviction is entered. Avoiding a conviction, when legally possible, can prevent mandatory penalties.

Determining whether this is achievable requires careful review of the evidence, the jurisdiction, and how the case is charged and prosecuted.

Suspended Imposition of Sentence (SIS)

A Suspended Imposition of Sentence (SIS) may allow a person to avoid a criminal conviction if probation is successfully completed. SIS availability in first offense DWI cases depends on:

  • BAC level
  • Court and prosecutor practices
  • Case-specific facts

This determination is governed by RSMo § 577.023 and varies widely across Missouri.

Why First Offense DWI Cases Are Often Defendable

Many first offense cases involve:

  • Questionable traffic stops
  • Medical or anxiety-related symptoms mistaken for intoxication
  • Improper field sobriety testing
  • Chemical testing errors or timing issues
  • Constitutional violations

Effective defense focuses on whether the State can actually meet its burden.

Our Approach to First Offense DWI Defense

Every case begins with a free consultation. Our staff gathers detailed information on the initial call so the matter can be reviewed accurately. Prospective cases are evaluated internally, including attorney review.

Clients can expect:

  • Clear explanation of what they are facing
  • Honest assessment of risks and options
  • A realistic strategy based on facts, not assumptions
  • Immediate action if the case is accepted

We are selective in the cases we take and take representation seriously.

Speak With a Missouri First Offense DWI Lawyer

If you or someone you love has been charged with a first offense DWI in Missouri, early decisions matter. License deadlines and charging decisions can affect the outcome long before trial.

Initial consultations are always free.

Contact Kissell Law Group today to discuss your situation and understand what options may be available.

Need Any Help?

Need Any Help, Call Us 24/7 For Support

St. Louis

314-669-4394

Kansas City

816-944-3943

Office Address

7513A Forsyth Blvd Clayton, MO 63105