Is DWI a Felony in Missouri?

Aggravating circumstances can turn a DWI charge into a felony in Missouri.

Driving while intoxicated (DWI) in Missouri is defined as doing so when actually drunk from alcohol or drugs or while doing so with a blood alcohol concentration (BAC) of.08% or higher. DWI convictions are predominantly misdemeanors. However, a Missouri DWI might be charged as a felony in some situations.

Here are a few scenarios that could lead to felony DWI charges in Missouri.

Three or More DWI Convictions = Felonies

In Missouri, a first or second DWI is typically considered a misdemeanor. But if a motorist has been convicted of DWI twice or more before, the most recent crime will constitute a felony.

Third infraction: Those who receive three DWI convictions are referred to as “persistent offenders.” Persistent offender DWI is a class E felony punishable by a maximum of four years in prison and a fine of up to $10,000.
Fourth infraction: A person is classified as an “aggravated offender” after their fourth DWI conviction. A class D felony, aggravated offender DWI carries a maximum penalty of seven years in jail and a fine of up to $10,000.
Fifth violation: Drivers with a fifth DWI conviction are called “chronic offenders.” A class C felony, chronic offender DWI carries a fine of up to $10,000, three to ten years in prison, and up to $10,000 in fines.
Sixth infraction: The term “habitual offender” refers to drivers who have received six DWI convictions. Habitual DWI is a class B felony carrying a sentence of five to 15 years in jail.

Felony Punishments for DWIs Involving Deaths and Injuries

A DWI offender who kills or seriously hurts another person will probably be charged with a felony. The particular classification and punishments for one of these violations depend on several variables, such as the driver’s driving history and whether the person who was killed or injured was an emergency services worker or a law enforcement officer.

Felony Injury Accidents

DWIs that result in criminal negligence and non-serious harm to another person are class E felonies if the offender has no prior convictions. A class E felony is committed when the same conduct results in serious injuries to anyone, non-serious injuries to emergency workers, or both.

Finally, a DWI violation will be classified as a class C felony if the offender commits a crime of criminal negligence and seriously hurts an officer or emergency services personnel.

Deaths by Felony Accidents

DWI offenders with no past convictions who cause the death of another person through criminal negligence typically face class C felony charges. The crime would be a class B felony if the victim were law enforcement or emergency services. A class B felony is also committed when someone kills two or more people or has a blood alcohol level of .18% or higher.

Can I Expunge a Misdemeanor DWI in Missouri?

The nature of your charges and if any injuries or property damage occurred will determine whether you qualify for an expungement of your misdemeanor or less severe punishment. You must see a Kansas City criminal defense attorney to learn whether expungement is possible or whether you can reinstate your driver’s license in advance.

Does DWI Have a Statute of Limitations?

Yes, according to Missouri law section 556.036, the statute of limitations for filing a charge is one year for misdemeanors and three years for felonies.

Conclusion

When the defendant has been found guilty of at least two prior convictions involving intoxication, including sentences of at least one year in prison and a minimum fine of $1,000, Missouri considers it a felony DWI.

In the state of Missouri, there are various felony DWI classifications, with Class E being the lowest and Class A being the highest. One year in jail to life in prison is the possible sentence.

Defend Yourself. Consult an Attorney About Your Case

Whether this is your first or fourth DWI, you need to find a skilled DWI attorney and fight to have the charges against you reduced. In Missouri, a DWI charge frequently requires months to resolve, during which time you must put your life on hold and are unsure how long your license will be suspended.

Your license is your key to freedom, which can mean the difference between being able to go to work and support yourself or not being able to. Finding a Missouri DWI lawyer to work on your case and ensure the best possible result is crucial.

The Law Office of Benjamin Arnold can help you if you’ve been charged or convicted of a DWI felony or misdemeanor. Contact the Law Office of Benjamin Arnold today to learn more about Missouri DWI offenses.