What an SIS Means for a DWI in Missouri, and What It Doesn't

What does an SIS mean for a DWI in Missouri? The short answer

An SIS, or suspended imposition of sentence, means the judge finds you guilty, usually after a guilty plea, but does not impose a sentence. You are placed on probation instead. If you complete probation, no sentence is ever imposed. The case is generally not treated as a conviction, no license points are assessed for it, and the court record is closed to the public.

The key caveat: for DWI purposes, an SIS is not the same as the case never happening. It is still a finding of guilt, and Missouri's DWI laws are built around findings of guilt.

Whether an SIS is possible at all depends on the facts, your blood alcohol content (BAC), any prior record, the prosecutor and the judge. It is one possible outcome among several. Our DWI defense page covers the others, and an attorney can look at the specifics of your case.

SIS vs. SES: the difference that matters

Under RSMo 557.011, when a person is found guilty of a misdemeanor or felony, the court's options include:

• Suspending the imposition of sentence (SIS), with or without probation.
• Pronouncing a sentence and suspending its execution (SES), with probation.

The two sound alike but work very differently:

Probation conditions in a DWI SIS

How long probation lasts

For a misdemeanor, RSMo 559.016 sets probation at six months to two years. DWI has its own rule, though. Under RSMo 577.010.3(1), a person found guilty of a first-offense DWI cannot receive an SIS unless placed on probation for at least two years.

The court can extend probation once. If you admit to or are found to have violated probation, total time can reach the maximum term plus one more year.

The .15 BAC rule

Under RSMo 577.010.3(2), the rules are stricter where the offense was committed with a BAC of .15 percent or more. If the circuit has a DWI court, DWI docket or other court-ordered treatment program available, an SIS is allowed only if the person takes part in and successfully completes that program.

If an SIS is not granted for these reasons, RSMo 577.010.5 requires jail time:

• At least 48 hours for a BAC of .15 to .20.
• At least five days for a BAC over .20.

SATOP

SATOP is the Substance Abuse Traffic Offender Program, run through the Missouri Department of Mental Health. It starts with an assessment, followed by an assigned program. The minimum program is 10 hours of drug and alcohol education.

SATOP can come up on both sides of a DWI case:

• Court side: a court can order it, including as a condition of probation (RSMo 302.580).
• License side: it is required to reinstate a license after an administrative DWI suspension or revocation (RSMo 302.540).

Other conditions

The judge sets the remaining conditions, and they vary by court and by case. An attorney can explain what a particular court typically requires.

If you violate probation

If probation is revoked, the judge can impose a sentence. At that point the case becomes a conviction, and license points can follow.

Why an SIS still "counts" for a future DWI

Missouri's repeat-offender categories are defined in RSMo 577.001.

An intoxication-related traffic offense includes driving while intoxicated, driving with excessive BAC, or driving under the influence of alcohol or drugs in violation of:

• a state law,
• a county or municipal ordinance, or
• a federal or military law.

The aggravated, chronic and habitual offender definitions all turn on how many of these offenses a person has been "found guilty" of. They do not turn on how many convictions the person has. Because an SIS follows a finding of guilt, it can be counted. That includes an SIS from a municipal court.

This matters because offender status raises the charge. Under RSMo 577.010.2:

• A first DWI is a class B misdemeanor.
• For a prior offender, it becomes a class A misdemeanor.
• For persistent and higher offenders, it becomes a felony.

Section 577.010 was amended in 2026, so see our DWI penalties page for current ranges rather than relying on older summaries.

A second SIS: RSMo 577.010.6(1) says a person found guilty as a prior, persistent, aggravated, chronic or habitual offender "shall not be granted a suspended imposition of sentence." Whether an earlier case puts you in one of those categories depends on the definitions in 577.001 and your exact record. An attorney should review that before you assume anything either way.

The license side: an SIS doesn't end the DOR case

The Department of Revenue (DOR) runs a separate administrative case. It can suspend or revoke your license if your BAC was over the legal limit or you refused testing, whatever happens in court. As the Department of Mental Health puts it, even a case dismissed in court may still lead to administrative action by DOR. See license suspension and reinstatement for that process.

On points:

• No points are assessed for an SIS, according to court clerk guidance.
• Under RSMo 302.304, points accumulate on the date of conviction.
• If an SIS is revoked and a sentence is imposed, that conviction can bring points. The Director of Revenue has described a first DWI conviction as carrying eight points.

CDL holders

For commercial drivers, an SIS is generally off the table. RSMo 302.345 says no court shall suspend imposition of sentence, defer judgment or allow diversion that would keep a traffic violation off the driver's record. This applies to anyone who holds a CDL or is required to hold one, and it covers violations in any type of motor vehicle, including a personal car.

Federal rule 49 CFR 384.226 similarly bars states from "masking" a CDL holder's conviction.

Records: closed but not invisible

Once probation is successfully completed and the case is finally terminated, the SIS record is generally closed to the public under Chapter 610, RSMo. (An SIS received before Sept. 28, 1981 is an exception.)

Closed is not the same as erased, for two reasons:

• The finding of guilt can still count toward a later DWI charge, as explained above.
• Whether a particular agency, licensing body or employer can see a closed record depends on who is asking and why, so be cautious about assuming it is invisible.

Expungement is a separate process. For a first intoxication-related traffic offense, RSMo 610.130 allows someone who "has pleaded guilty or has been convicted" to apply after at least ten years. The requirements, as of 2026:

• The offense was a misdemeanor or ordinance violation.
• It was not a commercial motor vehicle offense.
• No later intoxication-related conviction.
• No other alcohol-related enforcement contacts.
• Nothing pending.

A person may receive only one expungement under this section, and it does not apply to anyone who holds or is required to hold a CDL. See DWI expungement.

Franklin County: where your case is heard can matter

Franklin County is part of Missouri's 20th Judicial Circuit, along with Gasconade and Osage Counties. The circuit court sits in Union, and the circuit clerk's office is at 401 East Main St., Room 100A.

Municipal cases are handled in different places:

• At the Franklin County Judicial Center: the municipal divisions for Washington, Union, St. Clair, Gerald and the Village of Miramiguoa Park.
• Separately: Pacific and Sullivan have their own municipal divisions.

Two points apply wherever the case is heard. First, a municipal DWI finding of guilt is still an intoxication-related traffic offense under 577.001. Second, the .15 BAC rule depends on whether a DWI court or treatment program is "available" in the circuit. An attorney can check what is currently offered in the 20th Circuit.

Talking it through with an attorney

An SIS is one possible outcome, alongside dismissal, an amended charge, trial and other dispositions. Which options exist depends on the evidence and your record.

To talk through your case, call 314-827-6222 or use our contact page. We have offices in St. Charles and Brentwood.

This post is general information, not legal advice for your situation.