Enhanced DWI charges carry heavy penalties in Missouri, including mandatory minimum jail sentences. An experienced DWI attorney knows how to mitigate consequences and get your life back on track

Class B misdemeanor - DWI 1st Offense

In Missouri, a first offense DWI is a class B misdemeanor. It is also a Class B misdemeanor for a second offense if the adjudication of the first offense was 5 years or more before the date of the second arrest.

Under Missouri Revised Statute §577.010, there is no jail time required for a class B misdemeanor DWI unless:

• The defendant’s blood alcohol content (BAC) was in excess of .15% - in which case a mandatory 2 days in jail is required unless:

  • The person receives a suspended imposition of sentence (SIS) from the court or participates in DWI court or court-ordered treatment program. Note that most jurisdictions do not offer DWI court participation for misdemeanor DWI offenses.

• The defendant’s blood alcohol content (BAC) was in excess of .20% - in which case a mandatory 5 days in jail is required unless:

  • The person receives a suspended imposition of sentence (SIS) from the court or participates in DWI court or court-ordered treatment program. Note that most jurisdictions do not offer DWI court participation for misdemeanor DWI offenses.

A Class B Misdemeanor is punishable by a jail sentence of up to six months, a fine of one thousand dollars, or both.

Class A Misdemeanor - DWI Prior OFfender

If you have one prior conviction or finding of guilt (which includes an SIS) for a DWI offense within 5 years, you can be charged as a prior offender under Missouri Revised Statute §577.010, which is a Class A misdemeanor. Class A misdemeanor DWI offenses carry a mandatory minimum of ten days in jail, unless the person performs at least thirty days of community service under court supervision. Jurisdictions vary on their interpretation of how many hours “30 days” is.

Class A Misdemeanor - person less than seventeen years of age present in vehicle

If a person under the age of 17 is in the vehicle when you are arrested for DWI, you can be charged with an A misdemeanor.

A Class A Misdemeanor is punishable by a jail sentence of up to one year, a fine of two thousand dollars, or both.

Class E Felony - Persistent Offender

If you have TWO or more prior convictions or findings of guilt (which includes an SIS) for DWI offenses, you can be charged as a persistent offender under Missouri Revised Statute §577.010, which is a Class E Felony. Class E felony offenses carry a mandatory minimum of thirty days in jail, unless the person performs at least sixty days of community service under court supervision. Jurisdictions vary on their interpretation of how many hours “60 days” is.

• A person can also be charged as a persistent DWI offender if they have a prior finding of guilt for a DWI-type offense where another person was injured or killed. Missouri Revised Statute §577.001

Class E Felony - DWI causing Physical Injury

If while driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person, the offense can be classified as a Class E Felony. There is no mandatory jail sentence for this offense.

A Class E Felony is punishable by up to four years in prison, a fine of ten thousand dollars, or both.

Class D Felony - AGGRAVATED Offender

If you have THREE or more prior convictions or findings of guilt (which includes an SIS) for DWI offenses, you can be charged as an aggravated offender under Missouri Revised Statute §577.010, which is a Class D Felony. Class D felony offenses carry a mandatory minimum of sixty days in jail.

• A person can also be charged as an aggravated DWI offender if they have two prior findings of guilt for DWI-type offenses, and in one of them, another person was injured or killed. Missouri Revised Statute §577.001

Class D Felony - DWI causing serious Physical Injury

If while driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to another person, the offense can be classified as a Class D Felony. There is no mandatory jail sentence for this offense.

Class D Felony - dwi causing injury to law enforcement or emergency personnel

If while driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel, the offense can be classified as a Class D Felony. There is no mandatory jail sentence for this offense.

A Class D Felony is punishable by up to seven years in prison, a fine of ten thousand dollars, or both.

Class C Felony - chronic Offender

If you have FOUR or more prior convictions or findings of guilt (which includes an SIS) for DWI offenses, you can be charged as a chronic offender under Missouri Revised Statute §577.010, which is a Class C Felony. Class C felony offenses carry a mandatory minimum of two years in prison.

• A person can also be charged as a chronic DWI offender if they have three prior findings of guilt for DWI-type offenses, and in one of them, another person was injured or killed, or two priors involving injury or death in both of them. Missouri Revised Statute §577.001

Class c Felony - DWI causing death (of passenger)

If while driving while intoxicated, the defendant acts with criminal negligence to the death of another person, the offense can be classified as a Class C Felony. There is no mandatory jail sentence for this offense.

Class C Felony - dwi causing serious injury to law enforcement or emergency personnel

If while driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel, the offense can be classified as a Class C Felony. There is no mandatory jail sentence for this offense.

A Class C Felony is punishable by three to ten years in prison, a fine of ten thousand dollars, or both.

Class B Felony - Habitual Offender

If you have FIVE or more prior convictions or findings of guilt (which includes an SIS) for DWI offenses, you can be charged as a habitual offender under Missouri Revised Statute §577.010, which is a Class B Felony. Class B felony offenses carry a mandatory minimum of two years in prison.

• A person can also be charged as a habitual DWI offender if they have four prior findings of guilt for DWI-type offenses, and in one of them, another person was injured or killed, or three priors with two of them involving injury or death. Missouri Revised Statute §577.001

Class B Felony - dwi causing death of law enforcement or emergency personnel

If while driving while intoxicated, the defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency personnel, the offense can be classified as a Class B Felony. There is no mandatory jail sentence for this offense.

Class B Felony - DWI causing death of nonpassenger

If while driving while intoxicated, the defendant acts with criminal negligence to the death of any person who is not a passenger in the vehicle operated by the defendant, the offense can be classified as a Class B Felony. There is no mandatory jail sentence for this offense.

class B felony - death of two or more persons

If while driving while intoxicated, the defendant acts with criminal negligence to cause the death of two or more persons, the offense can be classified as a Class B Felony. There is no mandatory jail sentence for this offense.

class B felony - death of another with elevated bac

If while driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person, and the defendant had a blood alcohol content (BAC) of .18% or more, the offense can be classified as a Class B Felony. There is no mandatory jail sentence for this offense.

A Class B Felony is punishable by five to fifteen years in prison.

Class A Felony - Prior b felony convicion

If a person has previously been found guilty of a B felony DWI, and is charged with an offense that would be a Class B felony under Missouri Revised Statute §577.010, that person can be charged with a Class A Felony DWI.

A Class A Felony is punishable by ten years to life in prison.