Repeat DWI Offenses
June 9, 2021
Repeat DWI offenses in Missouri and their penalties are based on the number of prior DWI offenses for which you were found guilty. This includes guilty by verdict after a trial or by voluntarily entering a plea of guilty as is commonly done in connection with a bargained plea deal. Any DWI charge which is still pending, or for which you have yet to be charged, is not counted as a prior DWI offense at the time you are arrested for a new offense.
When you are facing a second or more DWI charge, you should have an attorney on your side who is familiar with Missouri's DWI laws and who can review your driving record and criminal history to make sure you are not being unfairly charged by the State. A skillful Missouri DWI Attorney knows what to look for and has the experience to put forth the best defense for the particular set of facts in your DWI case. Anthony Bretz has been successfully representing DWI clients in Missouri for over 17 years.
Missouri DWI enhancement laws, if overlooked, can result in lengthy prison sentences and loss or denial of driving privileges for up to 10 years. Great care must be taken by a defense attorney in order to ensure that your goals are not being overlooked.
In order for the State to apply enhancement laws to your case, it is necessary for the charging document, i.e. Complaint or Indictment, to identify each of your prior DWI's by date and location. At trial, then, the State must prove each prior DWI. If the State fails to prove the existence of your prior DWI's then the enhancement laws will not be applied to your case.
Missouri law delineates certain categories for repeat DWI offenders based on the number of prior DWI's in the defendant's record. Each category belongs to a certain classification of a misdemeanor or felony and impacts the potential range of punishment for those charged with a repeat DWI. Knowing which repeat offender status you are being charged with can determine which defense strategies may be best suited for your case.
PRIOR OFFENDER
For those charged with their second Missouri DUI, in order to be adjudged a Prior DWI Offender, the State must allege and prove Beyond a Reasonable Doubt sufficient facts to warrant a finding by the Court that you have been found guilty of one intoxication-related traffic offense. Additionally, this prior finding of guilt must have occurred within five years of the date of your alleged DWI for which you are being currently charged.
A Prior offender will be charged with a class A misdemeanor DWI rather than a class B misdemeanor. This carries a potential range of punishment of a term not to exceed one year.
PERSISTENT OFFENDER
If you are charged with a third Missouri DUI before a Court can enter a finding that you are a Persistent DWI Offender, the State must allege and prove Beyond a Reasonable Doubt sufficient facts to show either two or more intoxication-related traffic offenses committed on separate occasions; or one intoxication-related traffic offense committed in violation of any state law, county or municipal ordinance, federal offense, or military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed. Additionally, these prior findings of guilt must have occurred prior to the date of your current DWI.
A Persistent offender will be charged with a Class E felony DWI. This carries a potential range of punishment of a term of years not to exceed four years.
AGGRAVATED OFFENDER
When you are facing a fourth Missouri DUI, the State must allege and prove Beyond a Reasonable Doubt sufficient facts to show either:
three or more intoxication-related traffic offenses committed on separate occasions; or
two or more intoxication-related traffic offenses committed on separate occasions where at least one of the intoxication-related traffic offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed.
If the State either does not allege these facts or prove them, then you cannot be sentenced as an Aggravated DWI Offender. Additionally, these prior findings of guilt must have occurred prior to the date of your current DWI.
An Aggravated offender will be charged with a class D felony DWI. This carries a potential range of punishment of a term of years not to exceed seven years.
CHRONIC OFFENDER
For those charged with their fifth DWI, in order to be adjudged a Chronic DWI Offender, the State must allege and prove Beyond a Reasonable Doubt sufficient facts to warrant a finding by the Court that you have been found guilty either:
Four or more intoxication-related traffic offenses committed on separate occasions; or
Three or more intoxication-related traffic offenses committed on separate occasions where at least one of the intoxication-related traffic offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed; or
Two or more intoxication-related traffic offenses committed on separate occasions where both intoxication-related traffic offenses were offenses committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed.
These prior findings of guilt must have occurred prior to the date of your current DWI.
A Chronic offender will be charged with a Class C felony DWI. This carries a potential range of punishment of a term of years not less than three years and not to exceed ten years.
HABITUAL OFFENDER
If you are charged with a sixth, seventh, or more, DWI, then before the Court can find that you are a Habitual Offender it must be alleged and proven by the State that you have been found guilty either:
Five or more intoxication-related traffic offenses committed on separate occasions; or
Four or more intoxication-related traffic offenses committed on separate occasions where at least one of the intoxication-related traffic offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed; or
Three or more intoxication-related traffic offenses committed on separate occasions where at least two of the intoxication-related traffic offenses were offenses committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed.
These findings of guilt must have all occurred before the date of your current DWI charge, otherwise, the Court cannot enter a finding against you as a Habitual DWI Offender.
Habitual offenders are charged with a Class B felony DWI if the defendant has never been found guilty of being a Habitual offender before. If they have, then they will be charged with a class A felony DWI. A class B felony has a potential range of punishment of a term of years not less than five years and not to exceed fifteen years; whereas a class A felony has a possible range of punishment of a term of years not less than ten years and not to exceed thirty years, or life imprisonment.
If you are being charged under one of the above-described DWI enhancement categories, then you need to be represented by a Missouri DWI Lawyer. Anthony Bretz is experienced in defending clients who have been charged as repeat DWI offenders. He succeeds by aggressively challenging each aspect of the State's case, including the State's reliance on prior convictions or findings of guilt. If you are facing a felony DWI, contact Bretz Legal, LLC today to get the representation you need working for you now.