Whiteaker & Wilson, PC d/b/a Law Office of Stuart P. Huffman Whiteaker & Wilson, PC d/b/a Law Office of Stuart P. Huffman 2026-07-23T21:31:52Z https://www.whiteakerwilson.com/feed/atom/ WordPress /wp-content/uploads/sites/1303439/2023/06/cropped-site-identity_favicon-32x32.png On Behalf of Whiteaker & Wilson, PC d/b/a Law Office of Stuart P. Huffman <![CDATA[Fatal DWI crashes in Missouri now carry increased penalties]]> https://www.whiteakerwilson.com/?p=47390 2026-07-23T21:31:52Z 2026-07-23T21:31:52Z Mandatory minimums for fatal crashes The updated statutes fundamentally change how the state penalizes deadly crashes. Drunk drivers who cause more than one death while intoxicated now face a mandatory minimum of 10 years in prison before becoming eligible for parole. This same 10-year minimum applies to crashes involving a single death if the driver had a blood alcohol level of 0.15 or higher. Standard crashes involving one death require a minimum of five years. These strict minimums effectively eliminate any opportunity for early release in serious drunk driving cases.

Financial support for surviving children

Beyond prison sentences, the state now enforces long-term financial duties through Bentley and Mason's Law. This statute requires drunk drivers who cause fatal crashes to pay child support if they kill a parent. These court-ordered payments go directly to the surviving spouse or the relative raising the children to help cover their needs. The court determines these payments based on several factors:
  • The financial needs of the child: The court reviews basic living costs and school costs.
  • The surviving caregiver's money: Judges look at the money available to the relative raising the child.
  • The driver's financial state: The state checks the driver's ability to pay after prison.
The driver has up to one year after leaving prison to begin making these payments.

Stricter ignition interlock rules

Stricter rules also govern how offenders regain their driving privileges. Previously, Missouri only required an ignition interlock device after a second or subsequent drunk driving offense. Now, any driver with a blood alcohol level of 0.15 or higher must install this device to obtain restricted driving rights. According to the National Highway Traffic Safety Administration, drunk driving causes nearly one-third of all traffic deaths nationwide. The state's goal is to lower this rate by keeping high-risk drivers from starting a car while drunk.

What this means for Missouri roads

These legislative updates alter the aftermath of a fatal DWI. By combining extended prison terms with ongoing financial restitution, the state extends the impact of a conviction far beyond a standard criminal sentence. It ties the at-fault driver to the victim's family for years through court-ordered support. Missouri's legal system now strictly punishes high blood alcohol levels while prioritizing the long-term care of surviving children.]]> On Behalf of Whiteaker & Wilson, PC d/b/a Law Office of Stuart P. Huffman <![CDATA[HB 1740: Missouri’s sweeping DWI overhaul heads to the governor’s desk]]> https://www.whiteakerwilson.com/?p=47383 2026-06-29T15:08:46Z 2026-06-18T15:05:12Z Missouri is about to make some of the most significant changes to its DWI laws in years. House Bill 1740 has cleared the state legislature and now sits with the governor. And if signed, the details are worth knowing for anyone who drives in Missouri. House Bill 1740 is a comprehensive public safety measure that makes significant changes to Missouri's vehicular laws. Driven by high-profile traffic fatalities, state lawmakers designed this legislation to target repeat offenders, reduce procedural leniency, and establish strict mandatory prison terms. For anyone driving in Missouri, understanding how this pending legislation restructures felony classifications is essential.

Upgrading felonies: new classification structure

The core of HB 1740 modifies statutory definitions under Chapter 577 of the Missouri Revised Statutes, systematically raising the severity of charges for individuals involved in alcohol-related traffic accidents:
  • Physical injury penalties: Causing physical injury through criminal negligence while driving intoxicated rises from a Class E to a Class D felony. Causing serious physical injury scales up from a Class D to a Class C felony.
  • Vehicular fatalities: A standard DWI causing death scales up to a Class B felony. Incidents involving a Blood Alcohol Content (BAC) of 0.15 percent or higher, or the death of multiple people, escalate further to a Class A felony.
These upgraded classifications raise the baseline prison terms for individuals involved in intoxicated driving accidents across the board.

Restricting leniency and enhancing oversight

Missouri law already prohibits a Suspended Imposition of Sentence (SIS) for repeat or habitual DWI offenders. HB 1740 tightens restrictions further. If a first-time offender receives an SIS, they must now serve a mandatory probation term of at least two years. The bill also adds significant post-release requirements:
  • Mandatory minimums: An offender convicted of a Class B felony DWI causing death cannot seek parole or probation until serving a mandatory minimum of five years. For a Class A felony, that minimum rises to ten years.
  • Continuous alcohol monitoring: For repeat offenders who do qualify for supervised release, courts can require continuous alcohol monitoring (CAM) as a self-funded condition of probation.
Once the governor acts on HB 1740 (whether by signing it, vetoing it, or allowing it to become law without his signature) these changes will permanently alter how DWI cases are handled in municipal and circuit courts across Missouri. Working with an experienced criminal defense attorney ensures your rights are fully protected as the legal landscape shifts.  ]]>