Is a DWI / Excessive BAC offense in Missouri a misdemeanor or felony charge?
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 |
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SECOND DWI / EXCESSIVE BAC OFFENSE Class A misdemeanor |
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THIRD DWI / EXCESSIVE BAC OFFENSE Class D felony |
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FOURTH DWI / EXCESSIVE BAC OFFENSE Class C felony |
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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. |