Is a DUI a Felony in Missouri?
Driving under the influence (DUI) is a serious offense in Missouri, and the consequences can be severe. In this article, we will explore whether a DUI is a felony in Missouri and what the penalties are for a DUI conviction.
Is a DUI a Felony in Missouri?
In Missouri, a DUI is typically considered a misdemeanor offense, unless certain circumstances are met. According to Missouri Revised Statute 577.010, a person commits the crime of driving while intoxicated if they operate a motor vehicle while their blood alcohol concentration (BAC) is 0.08% or higher.
What are the Penalties for a Misdemeanor DUI in Missouri?
For a first-time misdemeanor DUI offense in Missouri, the penalties are as follows:
- Jail time: Up to one year
- Fines: Up to $500
- License suspension: 90 days to one year
- Ignition interlock device: Required for 30 days to one year
- Community service: Up to 100 hours
What are the Circumstances that Make a DUI a Felony in Missouri?
While a DUI is typically a misdemeanor offense in Missouri, there are certain circumstances that can elevate the offense to a felony. These circumstances include:
- Causing serious injury or death: If a person is involved in an accident while driving under the influence and causes serious injury or death to another person, they can be charged with a felony DUI.
- Third or subsequent offense: If a person has two or more prior DUI convictions within the past 10 years, they can be charged with a felony DUI for a third or subsequent offense.
- Refusing a breath test: If a person refuses to take a breath test or provides a blood sample that indicates a BAC of 0.15% or higher, they can be charged with a felony DUI.
Felony DUI Penalties in Missouri
If a person is convicted of a felony DUI in Missouri, the penalties are more severe than those for a misdemeanor DUI. The penalties for a felony DUI conviction include:
- Jail time: 2-7 years
- Fines: Up to $5,000
- License revocation: 5 years
- Ignition interlock device: Required for 5 years
- Community service: Up to 500 hours
Table: Comparison of Misdemeanor and Felony DUI Penalties in Missouri
| Misdemeanor DUI | Felony DUI | |
|---|---|---|
| Jail time | Up to 1 year | 2-7 years |
| Fines | Up to $500 | Up to $5,000 |
| License suspension | 90 days to 1 year | 5 years |
| Ignition interlock device | Required for 30 days to 1 year | Required for 5 years |
| Community service | Up to 100 hours | Up to 500 hours |
Conclusion
In conclusion, a DUI is typically a misdemeanor offense in Missouri, unless certain circumstances are met. The penalties for a misdemeanor DUI conviction include up to one year in jail, fines of up to $500, and license suspension of 90 days to one year. However, if a person is involved in an accident while driving under the influence and causes serious injury or death, or if they have two or more prior DUI convictions within the past 10 years, they can be charged with a felony DUI. The penalties for a felony DUI conviction are more severe, including up to 7 years in jail, fines of up to $5,000, and license revocation of 5 years.
Additional Resources
- Missouri Department of Transportation: www.modot.org
- Missouri Department of Public Safety: www.dps.mo.gov
- National Highway Traffic Safety Administration: www.nhtsa.gov
Disclaimer
This article is for informational purposes only and is not intended to be legal advice. If you have been charged with a DUI, it is important to seek the advice of a qualified attorney who can help you navigate the legal process and protect your rights.
