Though often discussed, we find that many people do not know the legal definition of the criminal charge of Driving While Intoxicated and are unfamiliar with the penalties for that offense. The following is a guide to the DWI laws and penalties in the state of Missouri.
The charge of Driving While Intoxicated in Missouri is defined as follows: “A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.” Two basic elements of the charge must be established beyond a reasonable doubt: 1) that the person was operating the vehicle AND 2) that they were doing so while in an intoxicated condition. Though apparently simple, meeting these two requirements can often be much more complicated than they initially seem.
The most important part of understanding penalties for Missouri DWI offenders is to know just how many prior findings of guilt (voluntary pleas or guilty verdicts after trial) the person has had up until the date of the offense. As expected, the penalties rise steeply with every prior finding of guilt but charging decisions and time since the previous offenses do impact specific charging decisions by the prosecuting attorney. The range of punishment, which is the potential punishment one can receive for a criminal offense as determined by law, for DWI offenses in Missouri are as follows:
DWI # 1: This is a Class B misdemeanor in the State of Missouri. The range of punishment is a fine up to $1000.00 and/or up to 180 days in jail.
DWI # 2: This is a Class A misdemeanor and is designed for “prior DWI offenders” who have had a prior plea of guilty and/or conviction for DWI within five years of the first plea or conviction date. The range of punishment is a fine of up to $2,000.00 and/or up to one year in the county jail. A person convicted of Driving While Intoxicated as a prior DWI offender must serve either a minimum of 10 days in jail or a minimum of 240 hours of community service.
DWI # 3: This is a Class E felony and is designed for “persistent DWI offenders” who have had at least two prior findings of guilt for DWI. The range of punishment includes a fine of up to $10,000.00 and/or up to 4 years of incarceration in prison. A person convicted of Driving While Intoxicated as a persistent DWI offender must serve either a minimum of 30 days in jail or a minimum of 480 hours of community service.
DWI # 4: This is a Class D felony and is designed for “aggravated DWI offenders” who have had at least three prior findings of guilt for DWI. The range of punishment includes a fine of up to $10,000.00 and/or up to 7 years of incarceration in prison. A person convicted of Driving While Intoxicated as a persistent DWI offender must serve a minimum of 60 days in jail.
DWI # 5: This is a Class C felony and is designed for “chronic DWI offenders” who have had at least four prior findings of guilt for DWI. The range of punishment includes a fine of up to $10,000.00 and/or anywhere from 3 to 10 years of incarceration in prison. A person convicted of Driving While Intoxicated as an aggravated DWI offender must serve a minimum of 2 years incarceration in prison.
DWI # 6 (or more): This is a Class B felony and is designed for “habitual DWI offenders” who have had at least five prior findings of guilt for DWI. The range of punishment is anywhere from 5 to 15 years of incarceration in prison. A person convicted of Driving While Intoxicated as a habitual DWI offender must serve a minimum of 2 years incarceration in prison.
Please note that many cases have facts and circumstances that may alter the information given and therefore should not be used as an absolute guide.
Our office has successfully represented all categories of felony and misdemeanor DWI offenders throughout southwest Missouri. If you would like more information or if you need representation, please call John Kail at 417-869-4680 to schedule your free consultation today.
