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;