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Missouri Felony DUI Attorney

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Missouri Felony DUI Attorney

If you are facing a felony DUI charge in Missouri based on prior offenses, you are dealing with one of the most serious DUI situations under Missouri law. These cases involve prison exposure, long-term license consequences, and permanent felony records if not handled correctly from the outset.

Although many people search for a DUI attorney, Missouri legally charges these cases as Driving While Intoxicated (DWI). DUI and DWI are commonly used interchangeably by the public, but felony DUI charges in Missouri are driven by the number and classification of prior intoxication-related traffic convictions, not the wording used.

Kissell Law Group has more than 17 years of experience defending serious DUI and DWI cases statewide, including felony-level charges carrying substantial incarceration exposure.

When a DUI Becomes a Felony Based on Prior Offense

Missouri law elevates DUI charges to felony status when a person has accumulated a sufficient number of qualifying prior intoxication-related traffic convictions, as defined by RSMo §§ 577.001, 577.010, and 577.023.

In these cases:

  • Priors control felony classification, not the facts of the current stop
  • Accident or injury is not requiredfor felony charging
  • The number, timing, and validity of prior convictions are critical

Felony DUI cases based on priors are prosecuted aggressively and require immediate, experienced defense.

Felony DUI Classifications and Prison Exposure Persistent Offender DUI

  • Definition: Two or more prior intoxication-related traffic convictions
  • Charge Level: Class E felony
  • Prison Exposure:
    Up to four yearsin the Missouri Department of Corrections

Statute: RSMo § 577.023

Aggravated Persistent Offender DUI

  • Definition: Three or more prior intoxication-related traffic convictions
  • Charge Level: Class D felony
  • Prison Exposure:
    Up to seven yearsin the Missouri Department of Corrections
  • Statute: RSMo § 577.023

Chronic Offender DUI

  • Definition: Four or more prior intoxication-related traffic convictions
  • Charge Level: Class C felony
  • Prison Exposure:
    Up to ten yearsin the Missouri Department of Corrections
  • Statute: RSMo § 577.023

 

Felony DUI cases based on prior offenses carry real prison exposure. Early strategy decisions matter.

Mandatory Incarceration and Sentencing Reality

Felony DUI cases involve mandatory incarceration considerations under RSMo § 577.023. While sentencing outcomes vary by jurisdiction and facts, prison exposure becomes very real once a felony conviction is entered.

As a result, avoiding or reducing felony classification is often the primary defense objective. This may include:

  • Challenging the use of prior convictions
  • Contesting offender classification
  • Negotiating resolutions that lawfully reduce exposure
  • Litigating evidentiary and constitutional issues

Felony DUI cases are not resolved through assumptions or shortcuts.

Prior Convictions Are Not Automatically Valid

In prior-based felony DUI cases, prior convictions are often the battlefield.

Experienced defense focuses on whether:

  • The prior conviction qualifies under Missouri law
  • The conviction was constitutionally obtained
  • The record is complete and admissible
  • The timing meets statutory requirements

Successfully excluding or reclassifying prior convictions can:

  • Reduce felony level
  • Eliminate felony classification
  • Dramatically change prison exposure

This analysis is technical and must be done early.

License Consequences in Felony DUI Cases

Felony DUI convictions carry severe driver’s license consequences under RSMo §§ 302.060 and 302.525, including:

  • Long-term or permanent revocation
  • Extended denial of reinstatement eligibility
  • Mandatory treatment and compliance requirements

The criminal case and license case are separate and must be addressed strategically.

Ignition Interlock Device Requirements

Missouri law requires the use of an Ignition Interlock Device (IID) in felony DUI cases during any period of driving privilege, probation, or reinstatement under RSMo § 302.309.

IID compliance is mandatory. Violations can result in additional sanctions or incarceration.

CDL Holders Face Extreme Consequences

Drivers holding a Commercial Drivers License (CDL) face particularly severe consequences in felony DUI cases.

Under Missouri law and incorporated federal regulations, including RSMo § 302.700 et seq.:

  • A felony DUI conviction can result in permanent CDL disqualification
  • Consequences apply even if the offense occurred in a personal vehicle
  • Employment and livelihood may be permanently affected

For CDL holders, felony DUI cases require immediate, specialized defense.

Felony DUI Cases Are Defendable, But Not Casual

Felony DUI cases demand precision, preparation, and experience. Effective defense often involves:

  • Challenging the stop, arrest, or testing
  • Contesting the use or validity of prior convictions
  • Litigating constitutional and evidentiary issues
  • Strategic negotiation based on legal leverage

These cases are serious, but they are not hopeless.

 

Our Approach to Felony DUI Defense

Every felony DUI case begins with a free consultation. Our team gathers detailed information immediately so the matter can be evaluated accurately. All felony cases are reviewed internally, including attorney review, before representation is offered.

Clients can expect:

  • Clear explanation of felony exposure and prison risk
  • Honest assessment of strengths and weaknesses
  • A strategy focused on avoiding or reducing felony consequences
  • Immediate action once representation begins

We are selective in the felony cases we accept and approach them with the seriousness they demand.

Speak With a Missouri Felony DUI Attorney

If you are facing a felony DUI charge in Missouri based on prior offenses, time is critical. Early mistakes can lock in felony exposure and prison risk that cannot be undone later.

Initial consultations are always free

Contact Kissell Law Group today to discuss your situation and understand what options may be available.

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St. Louis

314-669-4394

Kansas City

816-944-3943

Office Address

7513A Forsyth Blvd Clayton, MO 63105