Missouri's Ignition Interlock Law: Effective Implementation Date

Driving while intoxicated (DWI) is a serious offence in Missouri, and those caught operating a vehicle with a blood alcohol content above the legal limit of 0.08 percent face fines, possible jail time, and license suspension. To regain driving privileges, convicted DWI offenders must obtain an ignition interlock device (IID) from a state-approved provider. The ignition interlock device is a breath-testing device installed in a vehicle that prevents it from operating if the breath test registers a breath alcohol concentration that meets or exceeds the alcohol set point. The law regarding ignition interlock devices in Missouri came into effect on 1 January 2017.

DUI laws and penalties

In Missouri, a DUI is referred to as a DWI (Driving While Intoxicated) or BAC (Driving with Excessive Blood Alcohol Content). A person commits a DWI if they operate a motor vehicle while in an intoxicated or drugged condition. A BAC offence is committed when a person operates a motor vehicle with a blood alcohol content of 0.08% or more.

The penalties for a DUI in Missouri depend mainly on the number of prior convictions. Other factors, such as the blood alcohol content, are also relevant.

First Offence

A first DUI offence is a misdemeanor and carries the following penalties:

• Up to six months in jail
• Up to $500 in fines
• A 30-day license suspension, followed by a 60-day restricted license

However, for drivers with a BAC of 0.15% or more, there is a minimum 48-hour jail term. Drivers with a BAC of 0.2% or more must serve at least five days in jail.

Second Offence

A second DUI offence is a misdemeanor and carries the following penalties:

• 10 days to one year in jail
• Up to $1,000 in fines
• A one- to five-year license revocation
• A minimum six-month ignition interlock device (IID) requirement

If the judge orders a period of probation, the driver will also need to perform community service.

Third Offence

A third DUI offence is a class E felony in Missouri and carries the following penalties:

• 30 days to four years in jail
• Up to $5,000 in fines
• A 10-year license revocation
• A minimum six-month IID requirement

If the judge orders a period of probation, the driver will also need to perform community service.

Fourth Offence

A fourth DUI offence is a class C felony and carries the following penalties:

• Up to seven years in prison
• Up to $5,000 in fines
• A mandatory minimum of 60 days imprisonment

Fifth Offence or More

A fifth or subsequent DUI offence is a class B felony and carries the following penalties:

• Not less than five years nor more than 15 years in prison
• A mandatory minimum of two years imprisonment

Ignition Interlock Laws

Missouri law requires any person guilty of a second or subsequent intoxication-related traffic offence to install an ignition interlock device (IID) on any vehicle they operate before reinstating driving privileges. An IID is a breath-testing device installed in a vehicle that prevents it from operating if the breath test registers a breath alcohol concentration above the set point.

First-time offenders can usually receive limited driving privileges without the installation of an IID, but the device may be required at the discretion of the court. Offenders with two or more DUI convictions must install an IID to qualify for the reinstatement of limited driving privileges. Offenders with five- or ten-year suspensions must install an IID equipped with a camera, and the court may also require that the device be equipped with a GPS unit.

Ignition interlock device requirements

In Missouri, an Ignition Interlock Device (IID) is a handheld breath-testing device that is connected to the vehicle's ignition, horn, and headlights. The device prevents the vehicle from operating if the breath test registers a breath alcohol concentration that meets or exceeds the alcohol set point. The driver must also continue to pass repeated breath tests while the vehicle is running to ensure that they remain below the alcohol set point.

Missouri law requires any person guilty of a second or subsequent intoxication-related traffic offense to install an ignition interlock device on any vehicle they operate before reinstating driving privileges. Individuals with more than one intoxication-related traffic offense on their driving record must have an ignition interlock installed prior to the reinstatement of their driving privilege or the issuance of a limited or restricted driving privilege.

For first-time offenders, the installation of an interlock device is not usually required, but it may be mandated at the discretion of the court. If a driver is convicted for failing to have an ignition interlock installed as required by law, their driving privilege will be revoked for one year. A second offense requires driving privileges to be revoked for five years.

The ignition interlock device must be installed by a certified installer and maintained with monthly check-ups to ensure the device is working properly. The manufacturer will also download information from the device to create a "monthly monitoring report" to check for any violations. If a violation occurs, the driver will be required to maintain the device on their vehicle for an additional period of time.

To remove the device without penalty, the driver should verify with the Department of Revenue that they are allowed to do so. Early removal may result in the re-suspension of driving privileges and an extension of the period that the IID must be maintained.

Offender eligibility for driving privileges

Restricted Driving Privileges (RDP)

The RDP is only available for first-time offenders. To qualify, offenders must meet the following criteria:

• Submit a completed request for an immediate 90-day Restricted Driving Privilege form within 15 days of receiving notice that their driving privileges will be suspended or revoked.
• Install an ignition interlock device from an approved provider and show proof of installation.
• Obtain appropriate insurance coverage and show proof.
• Complete any other requirements set by the court, if applicable.

Limited Driving Privileges (LDP)

The LDP is available to repeat offenders and is sometimes referred to as a hardship license. Commercial driver's license holders must drop down to a regular license, as there is no option for a limited CDL. To qualify, offenders should petition the court or submit an application to the Department of Revenue. They may also need to complete other criteria, including:

• Complete the LDP form.
• Must not have a prior felony conviction involving a motor vehicle within the past five years.
• Obtain appropriate insurance coverage and provide proof with an SR-22 certificate.
• May need to serve a portion of the suspension period.
• If this is not the first offence or their driver's license is revoked, offenders need to show proof of IID installation by an approved provider.
• Maintain the interlock during the entire time they hold their LDP.

Offenders with an active five or 10-year denial on their record are not eligible for an LDP. These offenders will need to petition the circuit court in the county where they work or live in order to regain driving privileges. They might need to meet other criteria, including:

• Pay the filing fee and court costs for the petition.
• Pay any other legal fees required.
• Submit an SR-22 certificate of insurance coverage.
• If there is more than one alcohol-related offence or a refusal on the driver's record, they will have to provide proof that an ignition interlock device has been installed in any vehicle the offender operates.
• If their petition is approved, the offender will receive an Order Granting Limited Driving Privilege.

Installation and maintenance

If you are required to install an ignition interlock device in Missouri, you will need to contact the manufacturers directly to obtain information about installation, pricing, and locations. The state of Missouri does not endorse or recommend any manufacturers, but there are currently six manufacturers that have been approved by the state. You can find a list of approved devices and check their availability in a particular state by calling the customer service numbers found on the list of installers for Missouri.

The cost of an ignition interlock device in Missouri is the responsibility of the offender and varies depending on the company. The device typically costs approximately $2.50 to $3.50 per day to lease.

You do not have to own the vehicle that you install the device in, but you must install an ignition interlock device in any vehicle you operate. If that is not possible, you will not be able to reinstate your driving privileges.

The ignition interlock device will need to be regularly monitored and serviced. Each ignition interlock provider is responsible for reporting ignition interlock compliance to the Department of Revenue and/or the court-ordered supervising authority.

Once you have fulfilled your ignition interlock requirement and received approval from your monitoring authority, you can arrange to have the device removed at your local service centre.

Costs and fees

The Missouri Department of Transportation does not maintain a pricing list for ignition interlock devices. The costs vary among the ignition interlock companies. However, the total cost of an ignition interlock device is influenced by several factors, including:

• Installation cost: The initial cost of getting the device professionally installed in your vehicle. The make and model of your car can influence the cost; newer cars generally have intricate wiring systems that might increase the installation fee.
• Removal charges: The fee associated with taking the device out once your mandated period is over.
• Monthly lease costs: Recurring costs to keep the device in your vehicle for the stipulated time. The monthly lease fee in Missouri ranges from $65 to $80 per month, depending on the type of device installed. Devices with cameras and GPS may cost more than standard devices.
• Routine maintenance/calibration fee: Fees for periodic calibration to ensure the device functions correctly.
• One-time enrollment fee: Depending on your location, you may need to pay a one-time fee to secure your installation appointment.
• Device installation labour fee: A fee paid to the service location that installs the device.

In addition to these costs, there may be other fees associated with the ignition interlock device program, such as the cost of the device itself (if not included in the monthly lease), taxes, and other miscellaneous fees. It is important to contact the ignition interlock companies in your area to receive accurate pricing information tailored to your specific situation.

Frequently asked questions