THE LAW OFFICE OF DENISE KIRBY        KANSAS CITY'S AWARD-WINNING DWI DEFENSE        816-221-3691

THE LAW OFFICE OF DENISE KIRBY
KANSAS CITY'S AWARD-WINNING DWI DEFENSE
816-221-3691

NOT AN ORDINARY CITY.
NOT AN ORDINARY ATTORNEY.

What Makes a DWI a Felony in Missouri?

Driving While Intoxicated (DWI) is a significant offense that carries serious consequences in Missouri. While first-time offenses are often classified as misdemeanors, certain conditions can elevate a DWI to a felony charge. These more severe charges come with harsher penalties and long-lasting effects on an individual’s life. 

What Factors Elevate a DWI to a Felony in Missouri?

Several key factors can result in a DWI being charged as a felony in Missouri. These factors often involve the severity of the incident, prior convictions, or circumstances that indicate a greater level of public danger. Below are the most common reasons a DWI becomes a felony:

  • Multiple DWI Convictions: Repeat offenders face escalating consequences. While a second DWI is typically still a misdemeanor, a third offense automatically results in a felony charge. This is part of Missouri’s effort to deter repeated violations and protect public safety.
  • High Blood Alcohol Content (BAC): Although a high BAC does not independently elevate a DWI to a felony, it can be used as an aggravating factor. Extremely elevated BAC levels may lead to harsher penalties when combined with other qualifying conditions.
  • Accidents Involving Injury or Death: When a DWI results in serious injury or fatality, it becomes a felony. Such cases are often prosecuted as vehicular assault or involuntary manslaughter, depending on the circumstances.
  • Driving with a Minor in the Vehicle: Operating a vehicle under the influence with a child passenger constitutes child endangerment and can elevate the charge to a felony.

Understanding Missouri’s Classification of Felony DWI Charges

Felony DWIs in Missouri are categorized based on the severity of the offense and any accompanying aggravating factors. These classifications determine the potential penalties, which may include prison time, hefty fines, and long-term restrictions. Here’s a closer look at how Missouri classifies felony DWI offenses:

  • Class E Felony: A third DWI conviction typically falls into this category. Penalties may include up to 4 years in prison, fines up to $10,000, and a lengthy driver’s license suspension.
  • Class D Felony: A fourth DWI conviction or a third offense with aggravating factors often results in this charge. Offenders may face up to 7 years in prison, increased fines, and mandatory participation in alcohol treatment programs.
  • Class C and B Felonies: These are reserved for the most severe cases, such as those involving vehicular manslaughter or multiple fatalities. Penalties can include 10 years to life in prison, along with substantial fines and permanent license revocation.

The Impact of Being Labeled a Persistent or Habitual Offender

Missouri law categorizes repeat DWI offenders as either persistent or habitual offenders. These designations come with escalating penalties designed to address patterns of behavior and deter future violations. Persistent offenders are individuals with at least two prior DWI convictions, while habitual offenders have three or more. Habitual offenders face the harshest consequences, including mandatory prison sentences and a permanent ban on driving privileges.

These classifications highlight the importance of addressing DWI charges promptly and seriously, as each subsequent offense brings exponentially greater repercussions. Courts view repeat offenses as a significant threat to public safety, leading to stricter punishments and fewer opportunities for leniency.

How Felony DWIs Affect Long-Term Consequences

Felony DWI convictions extend far beyond legal penalties. They have lasting impacts on various aspects of life, including employment, housing, and personal reputation. Employers often conduct background checks that reveal felony convictions, making it difficult for individuals to secure or retain certain jobs. Additionally, felony records can limit housing options, as many landlords view these convictions as a liability.

Other long-term effects include increased insurance rates and challenges in restoring driving privileges. In Missouri, regaining driving rights after a felony DWI often involves completing extensive requirements, such as the installation of an ignition interlock device and attendance at alcohol education programs.

What Steps Should You Take If Charged with a Felony DWI?

If you are facing a felony DWI charge in Missouri, taking proactive steps is crucial. While the charges are serious, they are not insurmountable. The first step is to seek legal representation from an experienced DWI attorney. An attorney can evaluate the circumstances of your case, review the evidence, and explore potential defenses or mitigation strategies.

In some cases, challenging the validity of a breathalyzer test or field sobriety test may weaken the prosecution’s case. Other defenses may involve questioning whether proper procedures were followed during the traffic stop or arrest. Additionally, demonstrating efforts toward rehabilitation, such as enrolling in alcohol treatment programs, can show the court that you are taking responsibility for your actions and may lead to reduced penalties.

Preventing Future DWI Offenses

For individuals who have faced DWI charges in the past, taking steps to prevent future incidents is essential. Education and awareness about the risks of impaired driving, coupled with lifestyle changes, can help reduce the likelihood of reoffending. Using ride-sharing services or designated drivers can eliminate the risk of driving under the influence altogether.

Missouri also offers various programs aimed at helping individuals address alcohol dependency issues, such as court-mandated alcohol education classes and treatment options. Participating in these programs not only helps reduce the risk of future offenses but can also demonstrate accountability and commitment to making positive changes.

Call Denise Kirby Today for Your DWI Case

At Denise Kirby Law, we understand the gravity of felony DWI charges and their potential to alter the course of your life. Our experienced DWI defense attorneys are committed to providing effective representation to help you achieve the best possible outcome in your case.

Whether you are facing your first felony DWI or have previous convictions, we can guide you through the legal process, evaluate your options, and work toward minimizing the impact of the charges on your life. From challenging evidence to negotiating plea agreements, our team is dedicated to protecting your rights and ensuring a fair resolution.If you are dealing with a felony DWI charge in Missouri, reach out to us today for a consultation. Let us help you understand your situation and fight for the best possible outcome in your case.

(816) 221-3691