What Happens if You Get a DWI While on Probation in Missouri?

Getting arrested for Driving While Intoxicated (DWI) is serious. Getting arrested for DWI while already on probation for another offense is significantly worse. The consequences can include immediate detention, probation revocation, and serving the original suspended sentence, on top of facing new DWI charges.

How Probation Works in Missouri | RsMo 559.016

Probation is a court-ordered period of supervision that allows someone convicted of a crime to avoid or reduce time in jail or prison. Under Missouri Revised Statutes § 559.016, probation terms can last:

• For a felony: 1 to 5 years
• For a misdemeanor: 6 months to 2 years
• For an infraction: 6 months to 1 year

During probation, an individual must follow specific conditions set by the court, which typically include:

• Reporting regularly to a probation officer
• Staying employed or pursuing education
• Avoiding any new criminal charges
• Refraining from alcohol or drug use (often with testing)
• Paying fines, restitution, and court costs
• Completing community service or treatment programs

Violating any condition, including getting arrested for a new offense like DWI, can trigger probation revocation proceedings.

Driving While Intoxicated Charges in Missouri | RsMo 577.010

Under RSMo § 577.010, a person commits the offense of Driving While Intoxicated if they operate a vehicle while in an intoxicated condition. Missouri law defines intoxication as having a blood alcohol concentration (BAC) of 0.08% or higher, or being under the influence of alcohol, drugs, or a combination of substances to the degree that the person cannot safely operate a vehicle.

A first-time DWI in Missouri is typically a Class B Misdemeanor, punishable by up to 6 months in jail and a fine up to $1,000. However, penalties increase significantly with prior offenses or aggravating factors.

How Does a DWI Arrest Trigger Probation Violations?

When someone on probation is arrested for DWI, it creates two separate legal problems:

1. New DWI criminal charges in the jurisdiction where the arrest occurred
2. Probation violation proceedings in the court that imposed the original probation

The probation violation is often the more immediate concern. Under RSMo § 559.036, the court or prosecuting attorney can file a motion to revoke probation at any time during the probation term if the person violates any condition.

Getting arrested for DWI while on probation violates multiple standard conditions:

• Committing a new offense
• Potentially using alcohol (if substance use restrictions were in place)
• Failing to maintain lawful behavior

Upon filing a motion to revoke, the court may immediately suspend the probation term and issue a warrant for arrest. According to § 559.036.7, “Upon the filing of the prosecutor’s or circuit attorney’s motion or on the court’s own motion, the court may immediately enter an order suspending the period of probation and may order a warrant for the defendant’s arrest.”

Once arrested on a probation violation warrant, the individual may be held in custody pending a probation revocation hearing, often without bond.

The Probation Revocation Process

Probation revocation is a serious legal proceeding with significant consequences. Under § 559.036.6, a person cannot have probation revoked without notice and an opportunity to be heard. The individual has the right to:

• Notice of the alleged violation
• A hearing before the court
• The opportunity to present evidence and witnesses
• Potentially request appointed counsel if unable to afford an attorney

At the revocation hearing, the prosecutor must prove by a preponderance of the evidence (a lower standard than “beyond a reasonable doubt”) that the person violated probation conditions.

If the court finds a violation occurred, several outcomes are possible under § 559.036:

1. Continue probation with the same conditions
2. Modify or add new conditions (such as more frequent reporting, electronic monitoring, or treatment programs)
3. Extend the probation term (with limitations)
4. Place the individual in a 120-day Department of Corrections program
5. Revoke probation entirely and execute the original suspended sentence

The 120-Day Program Option

Missouri law provides a specialized option for certain probation violations. Under § 559.036.4, if someone violates probation conditions and meets specific eligibility requirements, the court may order placement in a Missouri Department of Corrections 120-day program rather than immediately revoking probation.

However, getting arrested for DWI while on probation typically disqualifies someone from this program. According to § 559.036.4(1)(b), the 120-day program is not available if “the probation violation is the result of the defendant…being arrested on suspicion of any felony, misdemeanor, or infraction.”

Since a DWI arrest is, by definition, being arrested on suspicion of a misdemeanor (or felony for repeat offenders), the 120-day program option is generally not available when the violation involves a new DWI charge.

Potential Consequences of Probation Revocation

If probation is revoked due to a DWI arrest, the consequences can be severe:

Serving the Original Sentence

If the original sentence was suspended and the person was placed on probation, revocation means the court can now execute that sentence. Under § 559.036.5, “the court may revoke probation and order that any sentence previously imposed be executed.”

For example, if someone was originally sentenced to 4 years in prison but the sentence was suspended with 5 years of probation, a revocation could result in serving the full 4-year prison term.

New DWI Charges

Separately from the probation revocation, the individual still faces the new DWI charges. Depending on the circumstances and any prior DWI history, penalties can include:

• Jail or prison time
• Substantial fines
• License suspension by both the Missouri Department of Revenue and the court
• Ignition interlock device requirements
• Mandatory substance abuse treatment
• Increased insurance costs

Enhanced DWI Penalties

Under § 577.010, DWI penalties increase significantly for repeat offenders. If someone has a prior DWI conviction, the new DWI charge could be elevated to:

• Class A Misdemeanor (for a second offense)
• Class E Felony (for a third offense – persistent offender)
• Class D Felony (for a fourth offense – aggravated offender)

These enhanced charges carry mandatory minimum jail time and are not eligible for suspended imposition of sentence.

Concurrent Challenges

Facing both probation revocation and new criminal charges simultaneously creates complex legal challenges:

• Two separate court proceedings (possibly in different jurisdictions)
• Potential detention pending resolution of both matters
• Compounding consequences if convicted on both
• Limited plea negotiation leverage due to probation violation status

What to Do After a DWI Arrest While on Probation

If someone is arrested for DWI while on probation, taking immediate action can help:

1. Contact a DWI attorney in St. Louis immediately before speaking to police or probation officers
2. Do not make statements about the incident without legal counsel present
3. Document everything related to the arrest and any interactions with law enforcement
4. Notify the probation officer as required (often within 24-48 hours), but only after consulting with an attorney
5. Prepare for the possibility of detention on a probation violation warrant
6. Gather evidence of compliance with other probation conditions and positive life changes

A DWI arrest while on probation is serious, but it is not necessarily the end of the road. With experienced legal representation, many individuals successfully navigate these challenges and avoid or minimize the worst consequences.

At Rose Legal Services, we believe in helping good people get second chances. We’ve been representing individuals charged with crimes in Missouri for more than 20 years, and we’ve guided many clients through the complexities of probation violations and DWI cases.

If someone is facing DWI charges while on probation, we offer consultations to review the situation, explain the legal process, and discuss defense strategies. We dedicate our practice exclusively to criminal defense, which means we’re never distracted by other types of cases; we’re focused solely on protecting the rights and futures of our clients.

Your defense starts with a conversation.