577.023. Aggravated, chronic, persistent and prior offenders, when — trial procedures — sentencing information.
How courts decide if someone is a repeat or serious DUI or BWI offender
This law explains how Missouri courts decide if someone is an aggravated, chronic, persistent or prior offender for drunk driving or boating, and how that affects sentencing. It lays out the process for proving prior offenses and limits what juries can do in those cases.
1. A court must decide a person is a prior, persistent, aggravated, chronic, or habitual offender (for DWI or BWI) if:
- The charge clearly says the person has prior offenses that match one of those categories;
- Evidence is presented in court proving those prior offenses beyond a reasonable doubt;
- The judge makes a formal finding, beyond a reasonable doubt, that the person qualifies for that offender status.
2. In a jury trial, the judge must decide the offender status before the jury hears the case, and the jury should not hear that part.
3. If the case has no jury (or there’s a guilty plea), the judge can decide the offender status anytime before sentencing.
4. To prove someone’s prior offenses, the court may use:
- Missouri’s law enforcement system (MULES),
- Criminal history from the central repository,
- The DWI Tracking System (DWITS), or
- The certified driving record from the Missouri Department of Revenue.
Only offenses that happened before the current one can be used.
5. The person has the right to:
- See the evidence,
- Question witnesses, and
- Present their own proof during the hearing.
6. The person can also choose to admit the prior offenses and skip the hearing.
7. If the judge finds the person is a repeat or serious offender, the jury will not be told the punishment range or decide the sentence if they find the person guilty.
8. During sentencing, both sides can present extra information about what the sentence should be. The court can also use presentence investigations or sentencing reports.
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