WHAT IS A FELONY DWI IN MISSOURI
A felony DWI in Missouri typically occurs when the defendant has been convicted of at least two (2) prior intoxicated-related offenses with a penalty of at least one (1) year in jail and a minimum fine of one thousand dollars ($1,000.00). There are several felony DWI classifications in the State of Missouri, with Class E being the lowest level and Class A being the highest.
A class E felony exists when:
- The defendant is considered to be a persistent offender; or
- While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person;
A persistent offender is anyone who has pleaded guilty or has been found guilty of at least two (2) prior intoxication related traffic offenses, regardless of when the prior DWI’s occurred.
A class D felony exists when :
- The defendant is considered to be an aggravated offender; or
- While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel; or
- While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to another person.
An aggravated offender is someone who has been found guilty of either three (3) or more intoxication-related traffic offenses committed on separate
occasions; or two (2) or more intoxication-related traffic offenses committed on separate occasions where at least one of the intoxication-related traffic offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed
A class C felony exists when:
- The defendant is a chronic offender; or
- While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel; or
- While driving while intoxicated, the defendant acts with criminal negligence to cause the death of another person;
A chronic offender is described as follows:
(a) A person who has pleaded guilty to or has been found guilty of four or more intoxication-related traffic offenses; or
(b) A person who has pleaded guilty to or has been found guilty of, on two or more separate occasions, any combination of the following: involuntary manslaughter under subdivision (2) or (3) of subsection 1 of section 565.024, RSMo; murder in the second degree under section 565.021, RSMo, where the underlying felony is an intoxication-related traffic offense; assault in the second degree under subdivision (4) of subsection 1 of section 565.060, RSMo; or assault of a law enforcement officer in the second degree under subdivision (4) of subsection 1 of section 565.082, RSMo; or
(c) A person who has pleaded guilty to or has been found guilty of two or more intoxication-related traffic offenses and, in addition, any of the following: involuntary manslaughter under subdivision (2) or (3) of subsection 1 of section 565.024, RSMo; murder in the second degree under section 565.021, RSMo, where the underlying felony is an intoxication- related traffic offense; assault in the second degree under subdivision (4) of subsection 1 of section 565.060, RSMo; or assault of a law enforcement officer in the second degree under subdivision (4) of subsection 1 of section 565.082, RSMo;
A class B felony exists when:
- The defendant is a habitual offender; or
- While driving while intoxicated, the defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency personnel;
A habitual offender is described as a person who has been found guilty of:
(a) Five or more intoxication-related traffic offenses committed on separate occasions; or
(b) Four or more intoxication-related traffic offenses committed on separate occasions where at least one of the intoxication-related traffic offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed; or
(c) Three or more intoxication-related traffic offenses committed on separate occasions where at least two of the intoxication-related traffic offenses were offenses committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed;
A class A felony exists when:
- The defendant is a habitual offender; and
- They also cause the death of someone not in their vehicle; or
- If they cause the death of two or more people; or
- If they had a BAC of 0.18 or higher while causing the death of any person.
WHAT ARE THE FELONY DWI PENALTIES
If you are convicted of felony DWI you face serious penalties from jail and fines to life imprisonment depending on the class of felony.
According to Section 558.011.1 of the revised statutes of Missouri, The authorized terms of imprisonment, are:
A Class A felony is punishable by a term of years not less than ten years and not to exceed thirty years, or life imprisonment;
A Class B felony is punishable by a term of years not less than five years and not to exceed fifteen years;
A Class C felony is punishable by a term of up to three to ten years in prison. The court also can impose a fine up to $10,000.
A Class D felony is punishable by a term of up to seven years in prison, or one year in jail. The court also can impose a fine up to $10,000.
A Class E felony is punishable by a term of up to four years in prison, or one year in jail. The court also can impose a fine up to $10,000.
CONCLUSION
A felony DWI in the State of Missouri occurs when the defendant has been convicted of at least two (2) prior intoxicated-related offenses with a penalty of at least one (1) year in jail and a minimum fine of one thousand dollars ($1,000.00). There are several felony DWI classifications in the State of Missouri, with Class E being the lowest level and Class A being the highest. The range of punishment is from one year in jail to life imprisonment.
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