Felony DWI Lawyer Kansas City, MO

Felony DWI Offenses in the Missouri Revised Statutes

The Missouri Revised Statutes include two intoxicated driving offenses. Both can be elevated to felonies based on the specific circumstances.

Felony DWI

A DWI happens when someone operates a vehicle while intoxicated. Missouri law considers you to be in an intoxicated condition when you’re under the influence of alcohol, drugs, or a combination of the two. “Under the influence,” in turn, is typically interpreted to mean that the substance has impaired your driving ability.

Evidence of impairment may include testimony by the police officer who stopped you. They might claim to have seen you commit one or more traffic violations, such as speeding or weaving between lanes.

They might also describe your physical and mental condition. Slurred speech, bloodshot eyes, and clumsy movements all suggest intoxication. The officer might follow up on their suspicions by performing a field sobriety test, and the prosecution can introduce video of the test in your trial to establish your impairment.

This offense is normally a misdemeanor. However, it can be elevated to a felony. DWI is a Class E felony if the accused is a persistent offender who meets at least one of the following criteria:

• Two or more prior DWI offenses occurring on different occasions
• One prior DWI offense in which someone other than the accused was injured or killed

The offense becomes a Class D felony in two situations. The first is when the accused is an aggravated offender who meets either of the following criteria:

• Three or more prior DWI offenses occurring on different occasions
• Two or more prior DWI offenses in which someone other than the accused was injured or killed

A DWI can also be a Class D felony if the accused causes an accident that injures someone else.

There are also two situations in which prosecutors can charge a DWI as a Class C felony. Chronic offenders who satisfy any of the following criteria may be charged with a Class C felony:

• Four or more prior DWI offenses occurring on different occasions
• Three or more prior DWI offenses, with at least one offense in which someone other than the accused was injured or killed
• Two or more prior DWI offenses in which someone other than the accused was injured or killed

Additionally, prosecutors can pursue Class C felony charges if the accused causes an accident that seriously injures another person. A serious injury is any physical condition that creates a substantial risk of death, produces serious disfigurement, or results in a protracted functional loss in any body part.

DWI is a Class B felony in Missouri when the defendant is a habitual offender with any of the following:

• Five or more prior DWI offenses occurring on different occasions
• Four or more prior DWI offenses, with at least one offense in which someone other than the accused was injured or killed
• Three or more prior DWI offenses, with at least two offenses in which someone other than the accused was injured or killed

The offense is also a Class B felony if the defendant causes a fatal accident.

Finally, prosecutors can charge a defendant with a Class A felony, the highest felony charge under Missouri law, if they cause a fatal crash and have a prior conviction for a fatal DWI or are a habitual offender.

Felony Driving With Excessive BAC

Missouri has a second intoxicated driving offense that doesn’t require proof of impairment. Rather, it’s based solely on the accused’s blood alcohol content (BAC).

The only evidence required to prove this offense is a blood, breath, saliva, or urine test showing a high BAC. If the defendant’s BAC exceeds the state’s legal limit of 0.08%, they’re presumed to be impaired and may face conviction for driving with excessive BAC.

This charge is ordinarily a misdemeanor. However, it can be elevated to a felony under the following circumstances:

• Class E felony if the accused is a persistent offender
• Class D felony if the accused is an aggravated offender
• Class C felony if the accused is a chronic offender
• Class B felony if the accused is a habitual offender

These terms have the same meanings as in the DWI statute. For the purpose of tallying prior violations, both DWI and excessive BAC convictions are counted. Moreover, the law includes convictions in other jurisdictions, including military courts-martial, federal courts, and other state courts.

Possible Defenses Against Felony DWI Charges in Kansas City, MO

Your attorney might use any of the following criminal defense strategies to challenge your charges.

No Operation

In Missouri, you can still face DWI charges if you’re found asleep in a vehicle with the ignition off. However, you can overcome these charges if you can show that you didn’t have the intention or the means to drive.

For example, you might assert this defense if the keys to your car were somewhere outside the passenger compartment, such as on the road or in the trunk.

No Impairment

You can also overcome DWI charges by establishing that you weren’t impaired. For instance, you might be fit to drive but have a neurological disease that causes slurred speech or tics. Medical records can help you validate your medical condition.

Faulty BAC Test

BAC tests are vulnerable to false readings, particularly if the sample is contaminated or the device is defective. For example, the officer might have forgotten to clean the device, or the department may use old, poorly calibrated equipment.

Inaccurate Prior History

The punishment you face depends on your prior history. However, it’s possible that prosecutors could uncover prior convictions for someone else with a similar name or birthdate. Your attorney can gather evidence to prove that these convictions don’t belong to you.

Involuntary Intoxication

You might also have a defense against DWI charges if you were drugged. For example, someone might have lied when they gave you a cannabis edible, causing you to become stoned without your knowledge.

Penalties Upon Conviction for Felony DWI in Kansas City, MO

A felony DWI can result in the following prison sentences in Missouri:

• Class E felony; up to four years
• Class D felony; up to seven years
• Class C felony; three to 10 years
• Class B felony; five to 15 years
• Class A felony; 10 to 30 years

DWI and excessive BAC are separate offenses. However, since they cover the same criminal conduct, you can’t be penalized for both. For this reason, prosecutors will often dismiss one charge, or the court may merge them, so you’ll only receive one sentence if convicted.