What Missouri’s New DWI Law Means for Motorcyclists

A new Missouri DWI law takes effect August 28, just as the nationwide Drive Sober or Get Pulled Over campaign turns its attention toward Labor Day travel. This year, the federal campaign also includes a direct message for motorcyclists: Ride Sober or Get Pulled Over.

The timing matters. Summer riding season remains active across Missouri, Labor Day brings more traffic and social gatherings, and motorcyclists face considerably greater physical risk when a crash occurs. Missouri House Bill 1740 is not a motorcycle-specific law, but its changes can apply when an impaired-driving crash seriously injures or kills a rider.

Why motorcycles are part of the impaired-driving conversation

According to the National Highway Traffic Safety Administration, 40% of motorcycle riders killed in single-vehicle crashes in 2024 were alcohol-impaired. NHTSA also reports that, per vehicle mile traveled, motorcyclists were nearly 27 times more likely than passenger-car occupants to die in a traffic crash in 2024.

The danger is not limited to an impaired person operating a motorcycle. A rider may also be struck by an impaired driver who fails to see the motorcycle, misjudges its speed, crosses the center line or fails to yield. Because a motorcycle does not provide the protection of an enclosed vehicle, the consequences can be catastrophic even when the initial impact occurs at a relatively moderate speed.

Missouri’s experience makes the issue especially relevant. The Missouri Department of Transportation recorded 131 motorcycle fatalities in 2025. The Kansas City, St. Louis, Southeast and Southwest regions accounted for approximately 83% of Missouri’s vulnerable-road-user fatalities that year.

“Motorcyclists have far less physical protection when a crash happens, so impairment—whether by the rider or another driver—can turn one bad decision into a catastrophic injury or death,” said Michael Kopit, founder of Kopit Law Firm in Kansas City.

What Missouri House Bill 1740 changes

Governor Mike Kehoe signed Missouri House Bill 1740 on July 9. The law makes several changes involving driving while intoxicated, including:

• Increasing criminal classifications for certain DWI offenses involving physical injury, serious physical injury or death
• Establishing Bentley and Mason’s Law, which allows a surviving parent or guardian to petition for court-ordered child maintenance after an intoxicated driver causes the death of a child’s parent or parents and the driver is convicted of or enters a qualifying plea
• Changing certain ignition-interlock requirements and probation or parole eligibility rules

Bentley and Mason’s Law does not create an automatic payment. The surviving parent or guardian must file a petition, and the statutory requirements must be met. The law also addresses how a child-maintenance order interacts with a civil judgment obtained on behalf of the child.

Criminal prosecution and civil accountability are different

When an impaired-driving crash causes a motorcycle injury or death, the criminal case is only one part of what may follow. Prosecutors decide whether to bring criminal charges and seek penalties under Missouri law. A civil claim focuses on the losses suffered by the injured rider or surviving family.

Those losses may include emergency treatment, hospitalization, rehabilitation, lost income, reduced earning capacity, long-term care, funeral expenses and the loss of a family member’s support and companionship. A conviction may become relevant to a civil case, but the criminal proceeding does not automatically compensate the injured person or family.

“A criminal prosecution is intended to punish the driver and protect the public,” Kopit said. “A civil claim addresses what the injured rider or surviving family has actually lost. Families should understand that those are separate processes.”

What riders and families should preserve after a serious crash

Medical needs come first after any serious motorcycle crash. Once immediate safety and treatment have been addressed, preserving information is critical. Depending on the circumstances, relevant evidence may include:

• The police crash report and any DWI investigation records
• Photographs or video of the vehicles, motorcycle, roadway and surrounding area
• Witness names and contact information
• Medical records, bills and documentation of missed work
• The damaged motorcycle, helmet and other riding gear

Motorcycle claims can present issues that do not arise in an ordinary passenger-vehicle collision, including disputes over rider visibility, lane position, helmet use, road hazards and the extent of future medical needs. Additional information is available in Kopit Law Firm’s Kansas City motorcycle accident lawyer guide.

A timely reminder before Labor Day

The national Drive Sober or Get Pulled Over campaign runs from August 19 through Labor Day. The message for drivers and riders is straightforward: arrange a sober ride, designate a sober driver or remain where you are. Motorcyclists should also use a DOT-compliant helmet and appropriate protective gear, but no safety equipment can make impaired riding safe.

Missouri’s new law strengthens the consequences after certain impaired-driving crashes. Avoiding the crash in the first place remains the responsibility of every person who gets behind a wheel or onto a motorcycle.

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The choice of a lawyer is an important decision and should not be based solely upon advertisements. Attorney Michael Kopit is responsible for this content. This article is provided for general informational purposes only and is not legal advice. The information in this article is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.