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Is a DWI / Excessive BAC offense in Missouri a misdemeanor or felony charge?

Criminal | DWI

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 offender,” an “aggravated offender,” or a “chronic offender,” the charge is a felony offense. See the chart below for more on what these terms mean.

MISSOURI DWI OFFENSE	TYPICAL PENALTIES
FIRST DWI / EXCESSIVE BAC OFFENSE Class B misdemeanor	30 day Missouri license suspension followed by 60 days restricted license; fine; jail possible but not required; possible ignition interlock device; 8 points added to driving record.
SECOND DWI / EXCESSIVE BAC OFFENSE Class A misdemeanor	at least a one year Missouri license revocation (five year revocation if this is the second conviction within five years); fine; at least two days jail time; ignition interlock device required 12 points added to driving record.
THIRD DWI / EXCESSIVE BAC OFFENSE Class D felony	10 year Missouri license revocation (privileges may be restored only upon court order); substantial fine; at least 10 days jail 12 points added to driving record.
FOURTH DWI / EXCESSIVE BAC OFFENSE Class C felony	everything listed above and a possible lengthy prison sentence.
A “prior offender” is a person who has pled guilty to or has been found guilty of one DWI / Excessive BAC offense, where such prior offense occurred within five years of the present DWI / Excessive BAC.A “persistent offender” is a person who has pled guilty to or has been found guilty of two or more DWI / Excessive BAC offenses.An “aggravated offender” is a person who has pled guilty to or has been found guilty of three or more DWI / Excessive BAC offenses. A “chronic offender” is a person who has pled guilty to or has been found guilty of four or more DWI / Excessive BAC offenses.