Is a DWI a Felony in Missouri?
In the state of Missouri, a Driving While Intoxicated (DWI) charge can have serious consequences. While a first-time DWI offense is typically considered a misdemeanor, subsequent offenses or certain circumstances can elevate the charge to a felony. In this article, we will explore the answers to the question "Is a DWI a felony in Missouri?" and delve into the details of the state’s DWI laws.
Is a DWI a Felony in Missouri?
In Missouri, a DWI is considered a felony if the individual has two or more prior DWI convictions within a 10-year period. This is known as a "prior and subsequent" DWI offense. Additionally, a DWI can be charged as a felony if the individual has a prior conviction for a serious crime, such as murder, manslaughter, or assault.
DWI Laws in Missouri
- First-time DWI offense: A first-time DWI offense in Missouri is considered a misdemeanor, punishable by:
- Up to 6 months in jail
- Fines ranging from $500 to $1,000
- License suspension for 30 days to 1 year
- Subsequent DWI offense: A second or subsequent DWI offense within a 10-year period is considered a felony, punishable by:
- Up to 5 years in prison
- Fines ranging from $2,000 to $10,000
- License suspension for 1 year to lifetime
- Enhanced penalties: Certain circumstances can enhance the penalties for a DWI offense, including:
- Aggravating circumstances: If the individual has a blood alcohol content (BAC) of 0.15% or higher, or if they have a prior conviction for a violent crime, the penalties can be increased.
- Repeat offender: If the individual has two or more prior DWI convictions, the penalties can be increased.
DWI Penalties in Missouri
| Offense | Penalties |
|---|---|
| First-time DWI | Up to 6 months in jail, $500 to $1,000 fine, 30 days to 1 year license suspension |
| Subsequent DWI | Up to 5 years in prison, $2,000 to $10,000 fine, 1 year to lifetime license suspension |
| Enhanced penalties | Up to 7 years in prison, $5,000 to $20,000 fine, 2 to 5 years license suspension |
Consequences of a DWI Conviction
A DWI conviction can have serious consequences, including:
- Criminal record: A DWI conviction can result in a criminal record, which can impact future employment, education, and other opportunities.
- Fines and fees: In addition to fines, a DWI conviction can result in court costs, attorney fees, and other expenses.
- License suspension: A DWI conviction can result in license suspension or revocation, making it difficult to get to work, school, or other important destinations.
- Insurance increases: A DWI conviction can result in increased insurance rates, which can be costly.
- Jail time: Depending on the circumstances of the offense, a DWI conviction can result in jail time, which can impact personal and professional life.
Defending Against a DWI Charge
If you have been charged with a DWI in Missouri, it is essential to work with an experienced attorney who can help you navigate the legal system and defend your rights. Some common defenses against a DWI charge include:
- Challenging the stop: If the police did not have probable cause to stop your vehicle, the evidence collected during the stop may be suppressed.
- Challenging the breath or blood test: If the breath or blood test was not administered properly, the results may be challenged.
- Challenging the field sobriety tests: If the field sobriety tests were not administered properly, the results may be challenged.
- Presenting alternative evidence: If there is alternative evidence that suggests you were not intoxicated, such as witness statements or video footage, it may be presented in court.
Conclusion
In conclusion, a DWI can be a felony in Missouri if the individual has two or more prior DWI convictions within a 10-year period or if they have a prior conviction for a serious crime. The penalties for a DWI offense can be severe, including jail time, fines, and license suspension. If you have been charged with a DWI, it is essential to work with an experienced attorney who can help you navigate the legal system and defend your rights.
