Missouri DWI Penalty Structure
Brengle Law Firm
Penalty Structure For Missouri DWI Charges And Missouri Felony DWI Charges
Missouri has a structure of penalties that increase with each subsequent DWI conviction. Whether a
DWI occurs in St. Louis, St. Charles, or St. Joseph, all DWI charges begin as a B Misdemeanor, unless they
include a situation where a motor vehicle accident occurs, which injures or kills another person. These
situations will often result in Felony DWI Second Degree Assault charges or Felony DWI Manslaughter
charges, respectively.
Missouri Misdemeanor DWI
In Missouri, a person’s first DWI charge is classified as a class B Misdemeanor. If a Missouri citizen pleads guilty or is found guilty of a first offense DWI, they face penalties ranging from a $500 dollar fine to one year in jail. Sometimes Missouri citizens charged with a first offense Misdemeanor DWI can receive probation. However, often times this probation comes with substantial conditions, which will likely include SATOP, ignition interlock devices, community service, victim impact panels, and shock incarceration.
Missouri DWI/DUI: Second Offense—“Prior Offender”
When a Missouri citizen is charged with their second “Intoxication Related Traffic Offense” in Missouri,
and the prior offense occurred within 5 years of the present offense, a Missouri citizen will face DWI
punishment in the range of an A Misdemeanor. That is to say, if a finding of guilty occurs or if a guilty
plea occurs under an A Misdemeanor DWI charge, that Missouri citizen could be fined up to $1000.00
and face up to 1 year in jail. People convicted of an A Misdemeanor DWI in Missouri may receive
probation if they serve 10 days shock time in jail, 30 days community service, or if they participate in a
DWI program funded under the Revised Missouri Statutes Section 478.007.
Missouri Felony DWI
If a citizen of Missouri is charged with a third “Intoxication Related Traffic Offense”, they will face a D Felony DWI charge. A person that pleads guilty or is found guilty of a D Felony DWI in Missouri faces up to a year in jail, two to four years in Missouri prison, and a fine up to $5000.00 fine. It is the experience of this author that when prosecuting a D Felony DWI most prosecuting attorneys will seek at least 120 days of treatment that occurs in the Missouri Department of Corrections, and sometimes, prosecutors will seek a simple term of years to be served in the Missouri Department of Corrections.
Missouri DWI/DUI: Fourth Offense C Felony DWI—“Aggravated Offender”
A person in Missouri is charged with a C Felony DWI when they are charged for a fourth time in their
lifetime with an “Intoxication Related Traffic Offense”. Here, a person accused as an “Aggravated
Offender” faces from 1day to 1 year in the county jail, 2 years to 7 years in the Missouri Department of
Corrections, and a fine of up to $5000.00 dollars. In the event that a Missouri citizen pleads guilty to a
C Felony DWI or they are found guilty of a C Felony DWI, that person cannot receive probation or parole
without first serving 60 days in prison or jail. However, it is the experience of this author that when a
person is charged with a C Felony DWI in Missouri, the government will often seek a prison sentence,
and judges tend to be very reluctant in accepting any probation disposition that might be agreed upon.
Missouri DWI/DUI: Fifth Offense B Felony DWI—“Chronic Offender”
The highest level of Felony DWI enhancement in Missouri is the B Felony DWI where an accused person
is charged as a “Chronic Offender”. In this situation, the government charges its citizens as B Felony
DWI “Chronic Offenders” where they possess four or more prior “Intoxication Related Traffic Offenses”.
A B Felony DWI charge carries a range of punishment from 5 years in the Missouri Department of
Corrections to 15 years in the Missouri Department of Corrections. Where the government proves this
charge through a plea or through a finding of guilt at a trial, a convicted person must serve at least 2
years in the Missouri Department of Corrections before being eligible for probation or parole.
It is important to remember that prosecuting attorneys in Missouri have the discretion to recommend sentences they feel are appropriate, provided those sentences are within the lawful range of punishment. This means that while a St. Louis Felony DWI is at its foundation the same charge as a St. Charles Felony DWI, the prosecutors in each county have the discretion to seek a sentence they feel is appropriate.
