In Missouri, driving while intoxicated (DWI) is a serious offense that can carry severe consequences. While many DWI charges start as misdemeanors, they can quickly escalate to felonies under certain conditions. Understanding when a DWI becomes a felony is crucial, as the penalties increase significantly, including longer jail time, higher fines, and permanent damage to your criminal record.

Understanding DWI Classifications in Missouri

Missouri classifies DWI offenses based on the number of previous convictions and the severity of the incident. A first or second DWI is typically considered a misdemeanor, but if aggravating factors are present, such as causing injury or having prior offenses, the charge can escalate. Here are the key classifications for DWI in Missouri:

• First Offense DWI: Generally classified as a Class B misdemeanor, a first offense usually results in penalties like up to 6 months in jail, fines up to $500, and a 30-day license suspension.
• Second Offense DWI: This is considered a Class A misdemeanor, carrying up to 1 year in jail, fines up to $1,000, and a 1-year license revocation.
• Third and Subsequent Offenses: Known as "persistent" and "habitual" offenders, these charges are classified as felonies and can result in significant jail time, steep fines, and long-term license revocation.

When a DWI is charged as a felony, it is often because the offense meets specific criteria that show a pattern of dangerous behavior or a threat to public safety.

When Does a DWI Become a Felony?

In Missouri, a DWI becomes a felony when the offense meets certain conditions defined by state law. Below are the most common scenarios that can lead to a felony DWI charge:

• Third or Subsequent Offense: If you have been convicted of two or more prior DWI offenses, a third DWI will be classified as a felony. This is known as a "persistent offender" charge, and the penalties are significantly more severe. A fourth offense escalates the charge even further to a "habitual offender" status, carrying harsher consequences.
• DWI Involving an Accident Causing Serious Injury: If a person is found to be driving under the influence and causes a serious bodily injury to another individual, the charge is elevated to a Class D felony, known as "assault while intoxicated." Serious injury is defined as an injury that creates a substantial risk of death or causes serious disfigurement or impairment.
• DWI Resulting in Death: If a DWI leads to a fatality, the driver will be charged with "vehicular manslaughter" or "involuntary manslaughter," both of which are felony offenses. These charges can lead to long prison sentences, especially if aggravating factors, such as a high blood alcohol content (BAC) or reckless driving, are involved.
• Having a Minor Passenger in the Vehicle: Driving while intoxicated with a child under the age of 17 in the vehicle is considered child endangerment, which is a felony charge in Missouri. This can result in enhanced penalties, even for first-time offenders.
• Driving on a Suspended or Revoked License Due to a Prior DWI: If you are caught driving under the influence while your license is already suspended or revoked for a previous DWI, you may face felony charges, which will further complicate your ability to regain driving privileges.

Each of these scenarios carries unique penalties and long-term consequences that can impact your future employment, housing opportunities, and overall quality of life. Understanding the factors that elevate a DWI to a felony can help you better assess your situation and take the appropriate legal steps.

What Are the Penalties for a Felony DWI in Missouri?

The penalties for a felony DWI in Missouri depend on the classification of the offense and the circumstances surrounding the case. Below are some of the standard penalties for different types of felony DWI charges:

• Class E Felony (Persistent Offender): This classification applies to third-time offenders and carries up to 4 years in prison, fines up to $10,000, and a 10-year license denial.
• Class D Felony (Habitual Offender): Fourth-time offenders can face up to 7 years in prison, extensive fines, and a 10-year or permanent license revocation.
• Class C Felony (Assault While Intoxicated): Causing serious injury while driving under the influence can lead to up to 10 years in prison and fines up to $10,000.
• Class B Felony (Vehicular Manslaughter): If a DWI results in a fatality, this charge can lead to up to 15 years in prison and significant fines. In cases with multiple fatalities, penalties can be even more severe.

These penalties demonstrate how serious Missouri treats felony DWI charges. In addition to prison time and fines, a felony DWI conviction will also result in a permanent criminal record, which can make it difficult to secure employment, housing, and educational opportunities in the future.

How Can You Defend Against a Felony DWI Charge?

Facing a felony DWI charge in Missouri can be overwhelming, but there are potential defenses that may help reduce the charges or penalties. Common defenses include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or field sobriety tests, and proving that your rights were violated during the arrest process. Here are some of the most effective strategies:

• Challenging the Traffic Stop: If the police did not have probable cause to pull you over, any evidence gathered during the stop may be inadmissible in court, potentially leading to a dismissal of the charges.
• Questioning Test Accuracy: Breathalyzer and field sobriety tests are not always reliable. Your attorney can investigate whether the testing equipment was calibrated correctly and whether the tests were administered properly.
• Proving a Lack of Intoxication: In some cases, medical conditions, prescription medications, or other factors can mimic the signs of intoxication. An attorney can present alternative explanations for your behavior and test results.

Working with an experienced DWI attorney is essential when facing a felony charge. They will evaluate your case, explore all possible defenses, and work to minimize the impact of the charges on your life. The sooner you involve an attorney, the better your chances of securing a favorable outcome.

Contact the Law Office of Denise Kirby for Help with Felony DWI Charges

If you are facing a felony DWI charge in Missouri, it’s critical to act quickly and seek legal help. At the Law Office of Denise Kirby, we have extensive experience defending clients against all types of DWI charges, including felonies. We understand how high the stakes are and will fight aggressively to protect your rights and future. Contact us today to schedule a consultation and discuss your options. Together, we can build a strong defense and work toward the best possible outcome for your case.