Is DWI a Felony in Missouri?
In Missouri, driving while intoxicated (DWI) is considered a serious offense that can have severe consequences. The answer to the question "Is DWI a felony in Missouri?" is a bit complex, as it depends on the circumstances of the offense and the defendant’s prior criminal history.
What is DWI in Missouri?
In Missouri, DWI is defined as operating a motor vehicle while impaired by alcohol or drugs. The state has a per se limit of 0.08% blood alcohol concentration (BAC) for adults, and 0.02% BAC for minors (under the age of 21). Any driver found to have a BAC of 0.08% or higher can be charged with DWI.
DWI as a Misdemeanor
In most cases, DWI in Missouri is a misdemeanor offense. A first-time DWI offense is typically charged as a Class B misdemeanor, which carries a maximum fine of $500 and up to 6 months in jail. Subsequent DWI offenses can be charged as more severe misdemeanors or even felonies, depending on the circumstances.
DWI as a Felony
DWI can be charged as a felony in Missouri under certain circumstances:
• Fourth or subsequent DWI offense: If a driver has three or more prior DWI convictions, they can be charged with a Class D felony. This offense carries a minimum sentence of 5 years in prison and a maximum sentence of 7 years.
• DWI with a child in the vehicle: If a driver is found to have a BAC of 0.08% or higher while a child under the age of 17 is in the vehicle, they can be charged with a Class D felony. This offense carries a minimum sentence of 5 years in prison and a maximum sentence of 7 years.
• DWI with a prior felony conviction: If a driver has a prior felony conviction and is charged with DWI, they can be charged with a Class C felony. This offense carries a minimum sentence of 3 years in prison and a maximum sentence of 10 years.
Consequences of a DWI Conviction
Regardless of whether a DWI is charged as a misdemeanor or felony, the consequences can be severe. A DWI conviction can result in:
• Fines and fees: Fines ranging from $500 to $10,000 or more, depending on the offense and the court.
• Jail time: Up to 6 months in jail for a misdemeanor DWI, or 5-7 years in prison for a felony DWI.
• License suspension: A driver’s license can be suspended for a period of time, ranging from 30 days to 10 years or more.
• Insurance increases: Insurance rates can increase significantly after a DWI conviction.
• Criminal record: A DWI conviction can remain on a person’s criminal record for up to 10 years.
Penalties for DWI in Missouri
Here is a summary of the penalties for DWI in Missouri:
| Offense | Maximum Fine | Maximum Jail Time | License Suspension |
|---|---|---|---|
| Class B Misdemeanor (First-time DWI) | $500 | 6 months | 30 days to 1 year |
| Class D Felony (Fourth or subsequent DWI) | $10,000 | 7 years | 10 years |
| Class D Felony (DWI with a child in the vehicle) | $10,000 | 7 years | 10 years |
| Class C Felony (DWI with a prior felony conviction) | $10,000 | 10 years | 10 years |
Conclusion
In Missouri, DWI is a serious offense that can have severe consequences. While a first-time DWI is typically charged as a misdemeanor, subsequent offenses or offenses committed under certain circumstances can be charged as felonies. It is essential to understand the laws and penalties surrounding DWI in Missouri to avoid the serious consequences of a conviction.
