A first offense DWI or BAC offense is still a Class B Misdemeanor, which is still punishable by up to 6 months in the county jail, a $500.00 fine, or both, the same as it was prior to August, 2005.

The same rules still also apply for a second offense DWI or BAC charge-- you will be enhanced up as a “prior offender” to an A Misdemeanor, and will be looking at up to 1 year in jail, a $1,000 fine, or both, also the same as the old law.

However, if you receive a third or subsequent lifetime DWI or BAC charge in Missouri, the new laws which became effective August, 2005, are significantly different.

Under the old law, to be enhanced up to a felony DWI or BAC charge in Missouri, you would have to have three offenses in 10 years, and could theoretically receive numerous lifetime DWIs or BACs without ever being charged with a felony. Now that has all changed, and Missouri has done away with the 10-year look back, and has gone to a lifetime look back.

In other words, any third violation of Missouri DWI or BAC within a lifetime (not within 10 years) is a class D Felony and is punishable by up to 4 years in prison, a $5,000 fine, or both. As discussed, the old Missouri DWI law required that the first violation occurred within 10 years of the 3rd offense to be enhanced to a felony.

There have also been added two new categories for enhancement of Missouri DUI / DWI offenders: the “aggravated offender” for a fourth offense, and a “chronic offender” for a fifth or greater lifetime offense.

AGGRAVATED OFFENDER (NEW)

A fourth violation of law for either DWI or BAC (within your lifetime) is a Class C Felony and is punishable by up to 7 years in prison, a $5,000 fine, or both. This person is now classified as an "aggravated offender" under the new law.

A fifth or subsequent violation of law for either DWI or BAC (within your lifetime) is a Class B Felony and is punishable by a term of years of not less than five years, and up to 15 years in prison. This person is now classified as a "Chronic Offender" under the new law.

A Missouri charge of Felony assault with a motor vehicle (while in an intoxicated condition or under the influence of controlled substances or drugs, operating a motor vehicle with criminal negligence so as to cause physical injury to any other person) is still a Class C Felony and carries a range of punishment of up to 7 years in prison, a $5,000 fine or both. This is the same as the old Missouri DUI / DWI law.

However, you may now be also enhanced up to a felony offense and classified as an “aggravated offender,” (where you are facing a C Felony, and up to 7 years in prison, a $5000.00 fine, or both) if you have a prior offense that was a felony assault with a motor vehicle, and are now still facing a Missouri aggravated offender C Felony even if the current charge you are facing does not involve a felony assault with a motor vehicle.

If you are arrested for a new DWI or BAC, you may be charged as an "Aggravated Offender," and may be punished by up to 7 years in prison, a $5,000 fine, or both, if:

*This is at least your 4th violation of the law for DWI or BAC; or

*You have previously plead guilty to, or been found guilty of, involuntary manslaughter (whether or not it involved operation of a motor vehicle while you were DWI or BAC); or

*You have previously plead guilty to, or been found guilty of, felony assault with a motor vehicle (while in an intoxicated condition or under the influence of controlled substances or drugs, operating a motor vehicle with criminal negligence so as to cause physical injury to any other person); or

*You have previously plead guilty to, or been found guilty of, murder in the second degree which involved the operation of a motor vehicle while DWI or BAC; or

*You have previously plead guilty to, or been found guilty of, assaulting a law enforcement officer in the second degree which involved the operation of a motor vehicle while you were DWI or BAC.

CHRONIC OFFENDER (NEW)

Similarly, the new enhancements are the most severe for the new “chronic offender” Missouri DWI / BAC enhancements. Not only will a fifth lifetime Missouri DWI or BAC charge subject you to facing a prison term of not less than five years, and up to fifteen years, you may also be facing these severe penalties as a “chronic offender” even where you only have two lifetime prior offenses  if those prior offenses involved involuntary manslaughter, felony assault with a motor vehicle, or assaulting a law enforcement officer in the second degree.

The new law provides:

If you are arrested for a new DWI or BAC, you may be charged as an "Chronic offender," and may be punished by a term of years of not less than five years, and up to 15 years in prison, if:

*You have previously pleaded guilty to, or been found guilty of, four or more charges of DWI or BAC; or

*You have previously plead guilty to, or been found guilty of, the following offenses, on two or more separate occasions: involuntary manslaughter (whether or not it involved operation of a motor vehicle while you were DWI or BAC); felony assault with a motor vehicle (while in an intoxicated condition or under the influence of controlled substances or drugs, operating a motor vehicle with criminal negligence so as to cause physical injury to any other person); and/or assaulting a law enforcement officer in the second degree which involved the operation of a motor vehicle while you were DWI or BAC; or

*You have previously plead guilty to, or been found guilty of, involuntary manslaughter (whether or not it involved operation of a motor vehicle while you were DWI or BAC); felony assault with a motor vehicle (while in an intoxicated condition or under the influence of controlled substances or drugs, operating a motor vehicle with criminal negligence so as to cause physical injury to any other person); or assaulting a law enforcement officer in the second degree which involved the operation of a motor vehicle while you were DWI or BAC, and you have had two other prior DWI or BAC offenses.

Missouri Felony Driving Offenses  For a description of these other Missouri felony driving offenses which may be used to enhance your Missouri DUI / DWI / BAC or other drunk driving case, Click Here.

Obviously, if you have any prior Missouri DUI / DWI offenses, it should be apparent to you from reading these new penalties that these types of cases are no longer treated as  simple traffic offenses. You are now facing severe penalties, and serious incarceration. Missouri’s new lifetime look back will take many Missouri DUI / DWI charges which would have been in the past Misdemeanors and will now enhance them up to felonies—in some cases, felonies carrying large mandatory incarceration.