First- and second-time DWI offenses are typically charged as misdemeanors. However, Missouri prosecutors may charge a DWI as a felony if certain conditions apply. These conditions include a greater threat to public safety or a pattern of repeated violations. When the facts support it, prosecutors can move forward with felony charges that carry much harsher consequences.
Prior DWI Convictions
A driver’s record plays a big role in whether prosecutors file felony DWI charges. Missouri law uses terms like “persistent,” “aggravated,” and “chronic” offender based on the driver’s number of prior convictions. Two prior DWIs make someone a persistent offender, which means they can face Class E felony charges. Three or more prior offenses raise the level to a Class D or C felony. Once a person has five or more prior DWI convictions on their record, prosecutors consider them a “habitual” offender and can charge them with a Class B felony.
DWI Involving Injury or Death
If someone drives while intoxicated and injures or kills another person, Missouri law treats the DWI as a felony right away, regardless of the driver’s record. A crash that causes minor injury is often a Class E felony. Serious physical injury increases it to a Class D felony. If someone dies in a DWI crash, prosecutors can file Class C or even Class B felony charges. The felony class depends on factors like how the crash happened and whether the victim was a first responder or another protected person.
High BAC Levels and Aggravating Factors
A high blood alcohol content (BAC) can turn a basic DWI charge into a felony. Missouri law sets the legal BAC limit at 0.08%. A much higher BAC, such as 0.15% or more, allows prosecutors to push for harsher charges. Other aggravating details, such as having a child in the car, driving on a suspended license, or refusing a breath test, can also influence the charges. These factors don’t always increase the DWI charge to a felony, but they give prosecutors more leverage in court and during plea talks.
Felony DWI Penalties in St. Louis
Felony DWI charges come with steep penalties. A Class E felony is punishable by up to four years in prison. Class D and Class C felonies can lead to seven or ten years, depending on the facts. A Class B felony carries a maximum sentence of five to 15 years. A Class A felony—the most serious—is punishable by ten years to life in prison. These cases can also lead to license revocation, mandatory ignition interlock use, and steep fines. The penalties stack up quickly, especially if priors or injuries are involved.
The Importance of Swift Action After a DWI Arrest
After a felony DWI arrest in Missouri, the clock starts counting down on several key deadlines. Drivers have only 15 days to request administrative hearings to fight license suspensions in a process that runs separately from the criminal case. Evidence from the arrest, such as video footage, breath test results, and witness statements, can help or hurt, depending on how quickly the defense reviews it. Waiting too long gives prosecutors a head start. Prompt action can also lead to more favorable terms with bond conditions, court scheduling, and negotiations.
Why You Need a Lawyer If You’re Accused of Felony DWI
The stakes are high in felony DWI cases. Prosecutors often push for prison time, especially if injuries, death, or prior offenses are involved. A defense lawyer can protect your rights by reviewing traffic stops, test results, and police conduct to identify errors. If the state’s case has weak points, your attorney could get the charges reduced or even dismissed. Even in strong cases, a lawyer can still help you avoid the harshest penalties by arguing for probation, treatment programs, or shorter sentences.
Talk to a DWI Defense Attorney in St. Louis
If you’re facing felony DWI charges in St. Louis, contact the law office of Travis Noble, P.C., now. You can speak directly with our lawyers about your case and get the answers you need to move forward in a free consultation session.