IS A THIRD DUI A FELONY OR MISDEMEANOR IN MISSOURI?
A THIRD DUI IN MISSOURI IS A CLASS E FELONY AND IS PROSECUTED UNDER THE 'PERSISTENT OFFENDER' LAW IF A PROSECUTOR DETERMINES YOU HAVE TWO OR MORE DUI CONVICTIONS FROM TWO SEPARATE OCCASIONS OR ONE PRIOR INTOXICATION-RELATED TRAFFIC OFFENSE IN WHICH SOMEONE WAS INJURED OR KILLED.
Missouri DUI Statute 577.010(18) Classifies 'Persistent Offender' status in Missouri as a Class E Felony :
(18) "Persistent offender", a person who has been found guilty of:
(a) Two or more intoxication-related traffic offenses committed on separate occasions; or
(b) 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;
What Are The Penalties for a Third DUI in Missouri?
The minimum Jail Time for a Third DUI / Class E Felony in Missouri is Thirty Days in Jail prior to being granted probation; However the statute makes a provision for community service or participation in a court-ordered treatment program as an alternative to jail time:
6. A person found guilty of the offense of driving while intoxicated:
(3) As a persistent offender shall not be eligible for parole or probation until he or she has served a minimum of thirty days imprisonment:
(a) Unless as a condition of such parole or probation such person performs at least sixty days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or
(b) The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available, and as part of either program, the offender performs at least sixty days of community service under the supervision of the court;
A DUI Stays on Your Record Forever and Will Always be Visible to Law Enforcement. However, It is important to note that in Missouri not all prior 'DUI' convictions will automatically count as prior DUI Convictions for DUI charging purposes in Missouri. Out-of-State DUI Convictions can be challenged if the elements of the Out-of-State DUI are broader and not comparable to Missouri DUI Statute .
For example, Prior Kansas DUI Convictions can be challenged because Kansas DUI Law makes it Illegal to 'Attempt to Operate' a Motor Vehicle while under the influence where Missouri DUI Law requires that the person charged with DUI actually operate the vehicle.
Prior Out-of-State DUI convictions that are overly-broad and would not constitute a DUI under Missouri DUI Law should be examined and can be challenged by an experienced Missouri DUI Lawyer .
When evaluating your Potential Third DUI in Missouri Don't Assume the Worst. Talk to an Experienced DUI Lawyer .
A conviction for a DUI in Missouri carries substantial penalties, including fines and potential jail time for any level of DUI. Court costs, probation, classes, and a Missouri DUI Driver License Suspension can also result for a charge of Felony Missouri DUI.
Contact our Office Today at 816.361.0964 for a Free Initial Consultation or complete a 'Free Case Evaluation' form on our website today.
Categories: Criminal Law, DUI, Felony DUI, Kansas DUI Laws