The Consequences of a 1st, 2nd, and 3rd DWI In Missouri
The consequences of a DWI in Missouri can be profound, especially for subsequent arrests. Because Missouri law seeks to discourage repeat DWI offenses, the law imposes increasing penalties and consequences for each additional offense a driver commits.
First DWI Offense in Missouri
Under Missouri’s DWI statute, a first offense constitutes a Class B misdemeanor, which can impose a penalty of up to six months in jail and a fine of up to $1,000. A convicted driver must also serve a 30-day license suspension, followed by 60 days of restricted driving privileges. A court may also order a driver to install an ignition interlock device on their vehicle and complete a substance abuse traffic offender program. Furthermore, a first DWI conviction will result in a permanent criminal record, which an individual might become eligible to expunge under certain conditions.
Second DWI Offense in Missouri
A second DWI conviction makes a driver a “prior offender” under Missouri law. A second DWI constitutes a Class A misdemeanor, which imposes a penalty of up to one year in jail, a fine of up to $2,000, and a one-year driver’s license revocation. Convicted drivers must install ignition interlock devices in their vehicles as a condition of license restoration. A second conviction can have additional collateral consequences, such as increased auto insurance premiums and potential job loss if one’s job duties involve driving.
Third DWI Offense in Missouri
A third DWI offense makes a driver a “persistent offender,” subjecting them to felony charges. A third DWI constitutes a class E felony, which can impose penalties that include up to four years in prison and a fine of up to $10,000. A convicted driver also must serve a ten-year driver’s license suspension and may have their vehicle immobilized or confiscated. A felony conviction can have other long-term consequences, including the loss of firearm rights and challenges in pursuing housing, employment, or educational opportunities due to the stigma of a felony record.
Aggravating Factors That Can Increase Penalties
Various factors can increase the grading of a DWI charge beyond the number of prior drunk driving convictions a defendant has. These aggravating factors include:
- Driving with a minor in the vehicle
- Injuring a law enforcement officer or emergency personnel through criminal negligence
- Severely injuring another person through criminal negligence
- Causing the death of a law enforcement officer, emergency personnel, or another person not riding in the driver’s vehicle
- Committing a fourth, fifth, or sixth DWI, which makes a driver an aggravated offender, chronic offender, and habitual offender, respectively
- Driving with a blood alcohol content of 0.18 percent or more
Some aggravating factors can increase the grading of a DWI charge to a Class D, C, or B felony. A class D felony can impose a prison term of up to seven years, a class C felony can impose a term of three to ten years, and a class B felony can impose a term of five to 15 years. As a result, aggravating factors in a DWI case can impose life-altering consequences, including spending years in prison and dealing with the stigma of a felony conviction on a criminal record after completing one’s prison term and rejoining society.
Contact a DWI Defense Lawyer Today
After an arrest for drunk driving, you need experienced legal counsel to help you protect your rights and interests. Contact The O’Rourke Law Firm today for a confidential consultation with our legal team to learn more about the potential consequences you could face for a first, second, third, or subsequent DWI conviction in Missouri.