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If you are facing a second offense DUI in Missouri, the stakes are significantly higher than with a first arrest. Many people search for a DUI attorney after learning that jail time, long-term license consequences, and probation restrictions are now real possibilities.
In Missouri, DUI is legally charged as Driving While Intoxicated (DWI). The public often uses DUI and DWI interchangeably, but the law treats second offense cases far more seriously based on timing and prior convictions, not labels.
Kissell Law Group has more than 17 years of experience defending DUI and DWI cases across Missouri and has helped over 2,100 clients navigate repeat-offense allegations with clarity and strategy.
Second offense DUI outcomes vary by county, judge, prosecutor, probation status, and the specific facts of each case.
A common misconception is that any second DUI automatically results in prior offender treatment. That is not accurate.
Under RSMo § 577.023, a person is only considered a prior offender if:
This distinction is critical because prior offender status:
Cases involving older priors, dismissed cases, or SIS outcomes outside the five-year window require careful legal analysis.
Missouri law includes mandatory minimum sentencing provisions for second offense DUI cases charged as prior offender cases under RSMo § 577.023. However, how those provisions are addressed depends on:
Avoiding mandatory jail is often the primary defense objective. Through early intervention, careful case evaluation, and strategic defense, we have had significant success avoiding mandatory jail time for many second offense DUI clients.
No outcome can be guaranteed, but preparation and experience matter.
If a new DUI arrest occurs while a client is still on probation for a prior offense, the risk of incarceration increases substantially. Courts often view these cases as probation violations in addition to new criminal charges.
These matters require immediate attention and coordinated defense of both the new DUI charge and the probation case.
Missouri law requires installation of an Ignition Interlock Device (IID) in second offense DUI cases during probation or license reinstatement under RSMo § 302.309.
IID compliance is mandatory and closely monitored. Failure to comply can result in additional sanctions or extended consequences. This requirement is frequently overlooked by less experienced counsel and should be addressed early.
Drivers who hold a Commercial Driver’s License (CDL) face elevated and often career-threatening consequences in DUI cases, even when the arrest occurs in a personal passenger vehicle.
Under Missouri law and incorporated federal regulations, including RSMo § 302.700 et seq.:
For CDL holders, a second offense DUI is often a career-defining event requiring immediate, specialized legal defense.
Every second offense DUI case begins with a free consultation. Our team gathers detailed information on the initial call so the matter can be evaluated accurately and promptly. Prospective cases are reviewed internally, including attorney review, before representation is offered.
Clients can expect:
We are selective in the cases we take and treat representation as a responsibility, not a volume business.
If you are facing a second offense DUI in Missouri, time and accuracy matter. Early mistakes can trigger mandatory penalties that cannot be undone later.
Contact Kissell Law Group today to discuss your situation and understand what options may be available.
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