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2nd Offense DWI

Missouri Second Offense DUI Attorney

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.

Missouri Second Offense DUI: What You Need to Know

  • Offense Defined: DUI charged as DWI under RSMo § 577.010
  • Prior Offender Status:
    A person is classified as a prior offenderonly if a prior intoxication-related traffic offense resulted in a conviction within the last five years, pursuant to RSMo §§ 001 and 577.023
  • Charge Level:
    Class A misdemeanorwhen charged as a prior offender under RSMo § 577.023
  • Jail Exposure:
  • Up to one yearpossible
  • Mandatory minimum sentencing provisions may applyunder RSMo § 577.023
  • Avoiding or minimizing jail exposure is often objective number one
  • Probation Risk:
    A new DUI arrest while on probation for a prior offense substantially increases the likelihood of incarceration and probation violation proceedings
  • Drivers License Consequences:
  • License revocation, not suspension
  • A five-year denial of reinstatementapplies only if the prior offense resulted in a conviction under RSMo §§ 060 and 302.525
  • Ignition Interlock Device (IID):
    Required by statuteduring probation or reinstatement under RSMo § 302.309
  • Points:
    12 pointsassessed upon conviction under RSMo § 302.302
  • Record:
    SIS is available only if the prior conviction is outside the five-year lookback period, as governed by RSMo § 577.023
  • Consultation: Free. Immediate evaluation is critical.

Second offense DUI outcomes vary by county, judge, prosecutor, probation status, and the specific facts of each case.

Second Offense DUI vs Prior Offender Status

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:

  • The prior case resulted in a conviction, and
  • That conviction occurred within five yearsof the new charge

This distinction is critical because prior offender status:

  • Triggers mandatory sentencing considerations
  • Eliminates SIS eligibility
  • Drives license revocation consequences
  • Alters probation and treatment requirements

Cases involving older priors, dismissed cases, or SIS outcomes outside the five-year window require careful legal analysis.

Mandatory Jail Exposure and Defense Priorities

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:

  • How the case is charged
  • Whether prior offender status is legally supported
  • The strength of the State’s evidence
  • The jurisdiction and court practices

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.

Increased Risk When a New DUI Occurs During Probation

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.

Ignition Interlock Device Requirements

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.

CDL Holders Face Severe Consequences Even in Personal Vehicles

Drivers who hold a Commercial Drivers 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.:

  • A DUI conviction can trigger automatic CDL disqualification
  • Lower alcohol thresholds apply to CDL privileges
  • Consequences may apply regardless of vehicle type

For CDL holders, a second offense DUI is often a career-defining event requiring immediate, specialized legal defense.

Our Approach to Second Offense DUI 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:

  • Clear explanation of jail, license, and probation exposure
  • Honest assessment of risks and opportunities
  • A defense strategy focused on avoiding mandatory consequences
  • Immediate action if the case is accepted

We are selective in the cases we take and treat representation as a responsibility, not a volume business.

Speak With a Missouri Second Offense DUI Attorney

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.

Initial consultations are always free

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

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St. Louis

314-669-4394

Kansas City

816-944-3943

Office Address

7513A Forsyth Blvd Clayton, MO 63105