In the State of Missouri, a DWI or an Excessive BAC is usually a misdemeanor charge if this is your first offense or you are a "prior offender." However, if you are a "persistent", "aggravated", or "chronic" offender, the charge is a felony offense.
A "prior offender" is a person who has previously pled guilty to or has been found guilty of one DWI / BAC offense, where such prior conviction occurred within five years of the most recent DWI / BAC. No prior offender is to be eligible for parole or probation until he or she has served a minimum of ten days imprisonment: (a) Unless as a condition of such parole or probation such person performs at least thirty days of community service; or (b) The offender successfully completes a Drug or DWI Court program, if available.
A "persistent offender" is a person who has previously pled guilty to or has been found guilty of two or more DWI / BAC offenses, or has previously pled guilty to or has been found guilty of involuntary manslaughter, assault in the second degree, or assault of a law enforcement officer in the second degree. No persistent offender is to be eligible for parole or probation until he or she has served a minimum of thirty days imprisonment: (a) Unless as a condition of such parole or probation such person performs at least sixty days of community service; or (b) The offender successfully completes a Drug or DWI Cour, if available.
An "aggravated offender" is a person who has previously pled guilty to or has been found guilty of three or more DWI / BAC offenses, or has previously pled guilty to or has been found guilty of one or more prior intoxication-related traffic offense and, in addition, either involuntary manslaughter, murder in the second degree where the underlying felony is an intoxication-related traffic offense, or assault in the second degree, or assault of a law enforcement officer in the second degree. No aggravated offender shall be eligible for parole or probation until he or she has served a minimum of sixty days imprisonment.
A "chronic offender" is a person who has previously pled guilty to or has been found guilty of four or more DWI / BAC offenses, or has pled guilty to or has been found guilty of, on two or more separate occasions, any combination of the following: involuntary manslaughter; murder in the second degree where the underlying felony is an intoxication-related traffic offense, assault in the second degree, or assault of a law enforcement officer in the second degree; or, has pled guilty to or has been found guilty of two or more intoxication-related traffic offenses and, in addition, any of the following: involuntary manslaughter, murder in the second degree where the underlying felony is an intoxication-related traffic offense, assault in the second degree, or assault of a law enforcement officer in the second degree. No chronic offender shall be eligible for parole or probation until he or she has served a minimum of two years imprisonment.
If you have been charged with a DWI, contact us today at (573) 355-9270 to schedule your free consultation and case review. Let us work for you.
