This article focuses on the criminal penalties for a DWI charge, but there are many civil penalties that could also apply, depending on the circumstances of the case. For information on potential civil penalties for a Missouri DWI which may be imposed regardless of the outcome in criminal court, click here. For a free consultation with a Missouri DWI attorney, call The Law Offices of Benjamin Arnold at (913) 777-HELP, or visit us on the web at kcdui.com.
Elements of the Offense
A person commits the offense of driving while intoxicated (DWI) if he operates a vehicle in an intoxicated condition.
Operation of a Vehicle
This element can be established even if the person is not actually driving the vehicle when the officer makes contact. In addition to using physical evidence to show the person was driving, such as hot tires, warm hood, or tailpipe, someone sitting in the vehicle with the keys and the engine not running may be charged with a DWI. In other words, it is not a good idea to try and sleep it off in a car if the keys are present. The Courts have interpreted a rather broad meaning for “vehicle”, so we could get pretty creative in naming vehicles people have been arrested for DWI in.
Intoxicated Condition
Intoxication can be by alcohol, drugs, or a combination thereof. In Missouri, someone who has a blood alcohol content in excess of .08 is presumed to be under the influence. If someone blows 0’s, refuses, or is suspected of being under the influences of drugs, a warrant may be issued for a blood draw. Even if someone refuses a breath test and there is no warrant for a blood sample, intoxication may be proven by other evidence such as performance on the field sobriety tests, explained in greater detail here.
Severity of the Offense
In Missouri, DWI charges increase in severity for subsequent offenses. There is a five year “lookback period” in which means that the state will enhance the charges for a DWI if there are any prior DWI convictions in the last five years. Note that this is not the same as the civil penalties for DWI apply in practice. If you are facing a DWI in Missouri, you should consider hiring a criminal defense attorney to guide you through the process.
First Offense DWI
In Missouri, a first-time conviction for driving while intoxicated (DWI) is a class B misdemeanor which can result in up to six months of imprisonment and/ or a fine of up to five-hundred dollars. If the Court finds that there are aggravating factors such as an excessive blood alcohol content (BAC) it may impose a mandatory minimum sentence. If the accused individual has a BAC in excess of .15%, they will face a minimum 48-hour jail term, while a BAC .2% or greater will result in a 5-day mandatory minimum. However, in certain cases an accused individual may receive a Suspended Imposition of Sentence (SIS) which will result in the charges being dismissed with prejudice following successful completion of a probation program.
Probation for a DWI conviction or SIS may include:
- Two years supervised probation
- Fines and court costs
- MADD victim impact panel (VIP)
- Community Service
- Random drug and alcohol testing to verify sobriety
- Drug and alcohol treatment
- Installation of an ignition interlock device (IID)
- Secured Continuous Remote Alcohol Monitoring (SCRAM)
- Substance Abuse Traffic Offenders Program (SATOP)
Second Offense DWI
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.
Third Offense DWI
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.
Fourth Offense DWI
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.
Fifth Offense DWI
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.
The Takeaway
Despite a grim outlook, it is not impossible to beat a DWI charge in Missouri. A skilled attorney may be able to find error on the part of police which may result in evidence being suppressed, or even the case being thrown out in its entirety. Even if neither of these results are possible, an a criminal defense attorney may be able to make a case for diversion or suspended imposition of sentence if the prosecution is convinced there is a risk of going to trial. A criminal charge is not the end of the world, but it can have lasting consequences and be a giant hassle if you do not address it properly and keep the court satisfied. If you are in jeopardy of having your Missouri Drivers License suspended, it is in your best interests to act quickly and secure competent legal representation. For a free consultation from an affordable criminal defense attorney, contact The Law Offices of Benjamin Arnold by phone at (913) 777-HELP, by email at ben@kcdui.com, or by visiting kcdui.com for more information.
