Felony DWI: When Does a DUI Become a Felony Offense?
Driving under the influence (DUI) is a serious offense in Missouri, and the penalties for a DUI conviction can vary greatly depending on the circumstances. While a first or second offense is typically considered a misdemeanor, there are certain conditions that can elevate a DUI charge to a felony.
Missouri law defines Driving While Intoxicated (DWI) as operating a motor vehicle while under the influence of alcohol or drugs. The legal limit for Blood Alcohol Content (BAC) varies: 0.08% for drivers 21 and over, 0.04% for commercial drivers, and 0.02% for those under 21.
Exceeding these limits can result in a DWI charge, the severity of which can escalate depending on several factors, including prior DWI convictions, BAC level, and whether the DWI resulted in injury or death.
Reviewing the conditions that elevate a DUI charge is critical when it comes to defending your rights in a DWI case. At Guilfoil Law Group in Kansas City, Missouri, I have the experience and skill to defend your case and fight for your rights when you’ve received a DWI charge. I have the resources to review the factors that can lead to a felony DUI charge in Missouri, as well as the potential legal consequences of such a conviction.
Misdemeanor vs. Felony DWI
When facing charges for driving while intoxicated (DWI), it's important to understand the key differences between a misdemeanor and a felony offense, as the severity of the charge can significantly impact the legal consequences.
Misdemeanor DWI
Typically, a first or second DWI offense is classified as a misdemeanor in Missouri, as long as there are no aggravating factors such as prior convictions within a specified timeframe, a high BAC, or causing injury or death.
Even as a misdemeanor, a DWI conviction can result in jail time, fines, license suspension, and mandatory substance abuse education or treatment. The specific penalties for a misdemeanor DWI will depend on the circumstances of the case, including the driver's BAC and whether this is a first or second offense.
Felony DWI
Certain conditions can elevate a DWI charge to a felony, carrying more severe legal consequences, including longer imprisonment, higher fines, and a lasting impact on one's personal and professional life. These conditions include:
Persistent offender: According to state law, a third DWI offense is automatically classified as a Class E felony, punishable by up to four years in prison and fines up to $10,000. This classification applies even if the prior offenses occurred many years ago or were in another state.
Aggravated offender: A fourth DWI offense is a Class C felony, with a potential prison sentence of three to ten years and fines up to $10,000. This significant increase in penalties reflects the state's stance on repeat offenders.
Chronic offender: A fifth or subsequent DWI offense is considered a Class B felony, punishable by five to fifteen years in prison. These severe penalties are reserved for individuals with a history of multiple DWI convictions.
In Missouri, repeat DWI offenses are taken seriously, with a third offense being a Class E felony, a fourth being a Class C felony, and subsequent offenses being a Class B felony, each carrying increasingly severe penalties.
DWI Involving Injury or Death
DWI incidents resulting in injury or death are treated with heightened severity due to the harm caused to others:
Physical injury: Causing physical injury to another person while driving intoxicated is a Class E felony, punishable by up to four years in prison and fines up to $10,000. This charge applies even if the injuries are relatively minor. In addition to these penalties, the driver may also be ordered to pay restitution to the victim for their medical expenses.
Serious physical injury: If the DWI incident results in serious physical injury, such as broken bones, disfigurement, or long-term disability, it’s classified as a Class D felony. The penalties increase to up to seven years in prison and fines up to $10,000. The driver may also be required to complete community service.
Death of another person: Causing the death of another person while driving intoxicated is a Class C felony, with a prison term of three to ten years and fines up to $10,000. This charge can be filed even if the driver didn't intend to cause harm. In addition to these penalties, the driver's license will be revoked, and they may be ordered to pay restitution.
Death of a law enforcement officer or emergency personnel: If the victim of a fatal DWI incident is a law enforcement officer, firefighter, ambulance driver, or other emergency responder, the offense is elevated to a Class B felony. This carries a prison sentence of five to fifteen years, and the driver may also be ordered to pay restitution.
In Missouri, causing the injury or death of another person due to intoxicated driving is a felony, with increased penalties if the victim is a first responder.
Additional Aggravating Factors
Several other factors can influence the severity of DWI charges:
High BAC: A BAC significantly above the legal limit can result in enhanced penalties, even for first-time offenders. In addition to increased fines and jail time, a high BAC may also result in a longer license suspension and mandatory alcohol treatment.
Driving with a suspended or revoked license: Operating a vehicle under the influence with a suspended or revoked license can lead to felony charges, as it demonstrates a blatant disregard for the law and court orders. This can result in additional jail time, fines, and a longer license suspension.
Child endangerment: Having a minor in the vehicle at the time of the offense can elevate the charge to a felony, as it puts the child at risk of injury or death. The penalties may be further increased if the child is injured or killed. The driver may also be required to complete parenting classes or lose custody of their children.
A high BAC, driving with a suspended or revoked license, and child endangerment are all factors that can elevate a DWI charge and lead to harsher legal consequences.
What Are the Legal Consequences of Felony DWI?
Felony DWI convictions carry severe consequences beyond imprisonment and fines:
Permanent criminal record: A felony conviction results in a permanent criminal record, which can affect employment, housing, education, and other opportunities.
License revocation: Felony DWI convictions often lead to prolonged or permanent revocation of driving privileges, making it difficult to get to work, school, or other essential destinations.
Ignition interlock device: The court may require the installation of an ignition interlock device (IID) on the offender's vehicle. This device prevents the car from starting if the driver's BAC exceeds a certain limit.
Increased insurance rates: DWI convictions can lead to significantly higher auto insurance premiums or even denial of coverage, making it more expensive to drive legally.
Loss of employment: Some employers have policies that prohibit hiring individuals with felony convictions, especially those related to driving under the influence.
Difficulties with housing: Landlords and property managers may be reluctant to rent to individuals with felony convictions, making it challenging to find safe and affordable housing.
Stigma and social isolation: Felony convictions can lead to stigma and social isolation, as friends, family, and community members may distance themselves from the offender.
In Missouri, a DWI can escalate from a misdemeanor to a felony based on prior offenses, the severity of the incident, and aggravating factors.
Felony DWI convictions carry severe legal and personal consequences, including imprisonment, fines, loss of driving privileges, and a permanent criminal record. That's why it's important to reach out to an experienced DWI attorney like me, Matt Guilfoil.
Contact a DWI Lawyer Today
If you’re facing DWI charges in Missouri, it’s crucial to seek experienced legal counsel to protect your rights. That's where Guilfoil Law Group comes in. I serve clients in Clay County, Platte County, and Jackson County, as well as the entirety of the state of Missouri. Reach out to me today to schedule your consultation for your DWI charge.