Missouri punishes repeat offenders more severely than first-time offenders, and even has different names for them depending on the number of previous offenses. For a free consultation with a Missouri criminal defense attorney, call The Law Offices of Benjamin Arnold at (913) 777-HELP, or visit us on the web at kcdui.com.
Missouri Enhanced Offender Statutes
RSMo §558.016 provides that the court may sentence a person who has been found guilty of an offense to a term of imprisonment as authorized by §558.011 or to a term of imprisonment authorized by a statute governing the offense if it finds the defendant is a prior offender or a persistent misdemeanor offender. In general, a prior offender may be sentenced to a more severe penalty.
- Class A Felony: Any sentence authorized for a Class A Felony.
- Class B Felony: Any sentence authorized for a Class A Felony.
- Class C Felony: Any sentence authorized for a Class B Felony.
- Class D Felony: Any sentence authorized for a Class C Felony.
A specific example of this in practice would be the classification and sentencing of subsequent DWI offenders.
Prior DWI Offenders
Missouri law classifies someone that has been previously found guilty of a DWI offense as a prior offender for purposes of sentencing. A prior offender will be charged with a Class A Misdemeanor (instead of a Class B misdemeanor which is a first offense). A Class A misdemeanor may result in a sentence of up to one (1) year in a county jail and a fine of up to $1,000. An individual convicted of a second DWI offense is prohibited from being granted probation until they have served a minimum of ten (10) days in jail or completed 240 hours of community service.
Persistent DWI Offenders
Missouri law classifies someone that has been previously found guilty of at least two (2) DWI offenses as a persistent offender. A third DWI conviction in Missouri is a Class D Felony which can carry a potential sentence of up to four (4) years in the Missouri Department of Corrections (DOC) and/ or up to five years of probation. A persistent offender will be required to serve at least thirty (30) days in jail or complete 480 hours of community service to be granted probation.
Aggravated DWI Offenders
Missouri law classifies someone that has been previously found guilty of four (4) DWI offenses as an aggravated offender. An aggravated DWI offender will be charged with a Class C Felony which carries a sentence of up to seven (7) years in the custody of the Missouri DOC. An individual convicted of a Class C Felony DWI will be required to serve sixty (60) days in custody before they are eligible for probation.
Chronic DWI Offenders
Missouri law classifies someone that has been previously found guilty of five (5) or more DWI offenses as a chronic offender. A chronic offender faces a mandatory minimum of two years in the custody of the Missouri DOC before probation may be granted.
