Experienced Repeat DWI Charges Defense Attorneys
The penalties for a first-time DWI in Missouri can be severe. However, repeat offenders could potentially face much more significant punishments. Large fines, license suspensions and jail time are all a possibility if you have already been convicted of driving while intoxicated in the past.
At Whiteaker & Wilson, PC d/b/a Law Office of Stuart P. Huffman, we understand the impact that DWI charges can have. We also realize that law enforcement does not always get it right. Our lawyers have successfully represented clients here in Springfield and surrounding areas of Missouri for decades.
What Are The Penalties For Repeat DWI Convictions?
A first-time DWI conviction may result in a fine of up to $500. While jail time is a possibility, first-time offenders can often avoid it through alternative sentencing agreements and other measures. With a second DWI conviction in Missouri, however, there is a mandatory jail sentence of 48 hours. The maximum jail sentence can be up to one year. The fine also doubles to a maximum of $1,000.
For those convicted of a third, fourth or fifth DWI offense, the charges may be increased to felonies. This means higher fines and longer jail sentences. The severity of the sentence will depend on the number of prior convictions and other aggravating factors, such as whether there was a child in the vehicle. However, a felony DWI conviction can result in a fine of up to $5,000 and a potential jail sentence of up to five years.
A third DWI conviction in Missouri elevates the charge to a Class E felony and marks the individual as a “persistent offender.” Judges may impose penalties that include up to four years in prison, require at least 30 days served before considering probation, and order fines of up to $10,000. A conviction at this stage can also result in the loss of driving privileges for up to 10 years.
A fourth conviction is even more serious. Missouri law designates a fourth offense as an “aggravated offender,” which is a Class C felony. This level of conviction carries a prison term ranging from three to 10 years, fines up to $10,000, and the possibility of permanent revocation of driving privileges. Courts generally view a fourth offense as proof that prior interventions failed, which makes sentences harsher and alternative programs harder to obtain.
Prosecutors may charge the defendant as a “chronic offender” for a fifth or subsequent DWI. Missouri classifies this as a Class B felony and may sentence the offender to five to 15 years in prison, along with permanently revoking their legal driving privileges. Chronic offender status leaves little room for negotiation, and these cases often involve lengthy incarceration as well as lifelong restrictions on personal freedom.
Beyond the number of prior convictions, aggravating factors such as having a child in the vehicle, causing injury or refusing to submit to a chemical test can make penalties more severe. Missouri law is designed to escalate punishment quickly after the second offense, and the consequences of a repeat conviction can have life-altering effects on employment, housing and even family relationships.
FAQs About Repeat DWIs
Below are answers to some common questions we hear from clients about repeat DWI charges in Missouri.
How long will my license be suspended after a repeat DWI?
For a second conviction, the law requires a one-year revocation of a license. A third conviction can result in a 10-year denial of driving privileges, and after a fourth or subsequent offense, permanent revocation is possible. These suspensions are not automatic reinstatements either — drivers often must complete alcohol treatment, install an ignition interlock device, and pay reinstatement fees before getting their license back.
Can repeat DWI charges be reduced?
Prosecutors can reduce a repeat DWI to a lesser charge. In some cases, it may be possible depending on the facts of the case, the strength of the evidence, and a person’s criminal history. However, the more prior convictions someone has, the less likely prosecutors are to agree to a reduction in charges. Judges also tend to have limited discretion once a driver reaches persistent or aggravated offender status, which makes reductions much more difficult.
What happens if I refuse a breath or blood test?
Refusing a chemical test can trigger an automatic license revocation even if there is no DWI conviction, and repeat refusals often lead to harsher penalties. Prosecutors may use a refusal as evidence of impairment and argue that the driver declined testing because they recognized their own intoxication.
Are ignition interlock devices required for repeat offenders?
Missouri requires many repeat offenders to install ignition interlock devices as a condition for regaining their driving privileges. Courts and the Department of Revenue may mandate installation for months or even years, depending on the number of prior convictions. The cost of installing and maintaining the device falls on the driver, making this an additional financial burden on top of fines and fees.
Do out-of-state convictions count in Missouri?
Prior drinking and driving convictions from outside Missouri do count. Courts in Missouri count out-of-state DWIs when determining the total number of offenses, which means they can increase the severity of the penalties a driver faces here. This often surprises drivers who move to Missouri and discover that old cases from other states follow them and affect how Missouri courts handle a conviction.
Call Today For A Personalized Approach To Your Case
When you are facing a second, third or even fourth DWI, you need legal help to protect your rights. At Whiteaker & Wilson, PC d/b/a Law Office of Stuart P. Huffman, our attorneys will make certain that you fully understand your options so that you can make the most informed decisions possible. We will also aggressively pursue a positive resolution for your case, whatever that may be. Call 417-413-5858 or use our online form to contact us and schedule a consultation today.