Missouri Second-Offense DWI Lawyer

Defending Repeat DWI Charges Statewide | Attorney Andrew Brumitt

A second DWI (Driving While Intoxicated) or DUI (Driving Under the Influence of drugs) in Missouri is a serious criminal charge under RSMo § 577.010—one that carries harsher penalties, longer license revocation, and potential jail time. If you have a prior DWI or BAC conviction on your record within the past five years, the State will treat you as a “prior offender”, and prosecutors will push for increased punishment.

At Brumitt Legal, attorney Andrew Brumitt personally handles your case from start to finish. You won’t be passed to an assistant or junior lawyer—you’ll work directly with an experienced trial attorney who knows how to challenge every part of the State’s case: the stop, the field sobriety testing, the breath or blood results, and the Department of Revenue’s attempt to revoke your license.

A second DWI in Missouri threatens not just your license, but your freedom, your career, and your reputation. Acting quickly is critical.

Consequences of a Second-Offense DWI in Missouri (RSMo § 577.010)

Under Missouri law, a second DWI is generally charged as a Class A misdemeanor (if your first was within 5 years), and the penalties are far steeper than for a first-time offense:

  • Up to 1 year in jail (with a MANDATORY MINIMUM of 10 days if the prior offense was within 5 years — jail time cannot be suspended or probated unless the court orders at least 10 days served or 240 hours of community service)

  • Fines up to $2,000

  • Driver’s license revocation for 1 year, and a 5-year denial if your last DWI was within 5 years

  • Ignition Interlock Device (IID) required for reinstatement

  • Mandatory completion of the Substance Abuse Traffic Offender Program (SATOP)

  • Possible vehicle impoundment or installation of an IID during probation

  • SR-22 insurance filing and dramatically higher premiums

  • Permanent criminal record that cannot be expunged under most circumstances

  • Loss of employment opportunities, professional licensing sanctions, and CDL disqualification

  • Designation as a “prior offender” — which increases penalties for any future DWI

If your BAC was 0.15% or higher, if a minor was in the vehicle, or if the incident involved an accident or injury, the prosecution can enhance the charges or push for aggravated sentencing, which may include extended jail time and felony classification for repeat offenses.

How Attorney Andrew Brumitt Defends Second-Offense DWI Cases

Andrew Brumitt approaches every repeat DWI with an aggressive, detail-oriented defense strategy. A second offense often relies on whether law enforcement and prosecutors can prove the prior conviction and show the new offense meets all procedural and evidentiary standards.

Andrew investigates every detail of your case, including:

  • The legality of the traffic stop and whether reasonable suspicion existed

  • Officer training and compliance with NHTSA field sobriety standards

  • Breathalyzer or blood test accuracy, including maintenance logs and operator certification

  • Chain of custody and potential contamination in lab testing

  • Dash-cam and body-cam footage to expose inconsistencies or rights violations

  • Miranda warnings, probable cause documentation, and due process errors

In many cases, Brumitt Legal is able to:

  • Suppress evidence obtained illegally

  • Negotiate charge reductions to avoid a second conviction on your record

  • Secure treatment-based alternatives or limited driving privileges

  • Argue for dismissal or acquittal when the State’s proof is weak

Andrew’s goal is to protect your license, limit penalties, and keep your record as clean as possible—while giving you direct access to your attorney at every step.

Second-Offense DWI License Revocation in Missouri

A second DWI arrest triggers both a criminal case and an administrative action by the Missouri Department of Revenue (DOR).

Administrative Penalties:

  • One-year revocation if it’s been more than 5 years since your prior DWI

  • Five-year license denial if the prior was within 5 years

  • Limited Driving Privilege (LDP) available only after meeting strict requirements:

    • Completion of SATOP

    • Installation of an Ignition Interlock Device (IID)

    • Proof of SR-22 insurance

    • Court approval in some cases

Criminal Case Penalties:

Separate from the DOR process, the court case can impose jail, fines, probation, and treatment conditions. Andrew Brumitt handles both proceedings simultaneously, ensuring your defense strategy protects both your freedom and driving rights.

The Escalating Risk of Future DWIs

A second DWI conviction also designates you as a “prior offender” under Missouri law—meaning any future DWI can be charged as a Class E or D felony (persistent or aggravated offender). Those felony levels can carry years in prison and long-term loss of civil rights, including firearm ownership.

Stopping that escalation starts with an effective defense on your second charge.

Facing a Second-Offense DWI in Missouri? Contact Attorney Andrew Brumitt.

A second DWI is a turning point—you can either fight it now or face exponentially worse consequences later. Attorney Andrew Brumitt knows how to challenge the State’s case and fight both the criminal charges and the administrative license action.

Call (314) 900-HELP or fill out the DWI Questionnaire for a free, confidential consultation.
Brumitt Legal represents clients in St. Louis County, St. Charles County, Jefferson County, Boone County, Greene County, Jackson County, and throughout Missouri.

The choice of a lawyer is an important decision and should not be based solely upon advertisements. Every case is unique and must be evaluated on its own facts. Past results do not guarantee future outcomes.