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Felony DWI

Missouri Felony DWI Lawyer

A felony DWI in Missouri represents a major escalation in both risk and consequences. Unlike first and second offense cases, felony DWIs carry prison exposure, long-term license consequences, and permanent criminal records that cannot be undone.

Felony DWI charges are typically based on the number of prior intoxication-related traffic convictions, not simply the severity of the current stop. Under Missouri law, how many prior convictions exist, and when they occurred, drives how the case is charged and what penalties apply.

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

Missouri Felony DWI Based on Prior Offenses

Missouri law elevates DWI charges to felony status based on prior intoxication-related traffic convictions, as defined in RSMo §§ 577.001, 577.010, and 577.023.

Unlike misdemeanor DWIs, felony cases:

  • Carry mandatory incarceration considerations
  • Are handled in circuit court
  • Often involve the Department of Corrections, not county jail
  • Result in permanent felony convictionsif not avoided

Felony DWI Classifications and Prison Exposure Persistent Offender DWI

  • Definition: Two or more prior intoxication-related traffic convictions
  • Charge Level: Class E felony
  • Prison Exposure:
  • Up to 4 yearsin the Missouri Department of Corrections
  • Statute: RSMo § 577.023

Aggravated Persistent Offender DWI

  • Definition: Three or more prior intoxication-related traffic convictions
  • Charge Level: Class D felony
  • Prison Exposure:
  • Up to 7 yearsin the Missouri Department of Corrections
  • Statute: RSMo § 577.023

Chronic Offender DWI

  • Definition: Four or more prior intoxication-related traffic convictions
  • Charge Level: Class C felony
  • Prison Exposure:
  • Up to 10 yearsin the Missouri Department of Corrections
  • Statute: RSMo § 577.023

 

Prison exposure in felony DWI cases is real. Early defense decisions matter.

Mandatory Incarceration and Sentencing Reality

Felony DWI cases involve mandatory incarceration considerations under RSMo § 577.023, meaning courts must seriously consider prison sentences when a conviction is entered.

While sentencing outcomes depend on:

  • The number and timing of prior convictions
  • Whether prior convictions are legally valid
  • The strength of the State’s evidence
  • The jurisdiction and sentencing practices

Avoiding a felony conviction, when legally possible, is often the primary defense objective. Once a felony conviction is entered, prison exposure becomes very real.

Why Prior Convictions Are Aggressively Examined

In felony DWI cases, prior convictions are not assumed to be valid simply because they exist on paper.

Experienced defense focuses on:

  • Whether prior convictions qualify under Missouri law
  • Whether constitutional rights were honored in prior cases
  • Whether prior pleas were properly entered
  • Whether records are accurate and admissible

Successfully challenging prior convictions can:

  • Reduce felony level
  • Eliminate felony classification entirely
  • Change prison exposure dramatically

This analysis is technical, fact-specific, and must be done early.

License Consequences in Felony DWI Cases

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

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

License consequences are separate from the criminal case and require parallel strategy.

Ignition Interlock Device Requirements

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

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

Felony DWI Cases Are Defendable, But Not Casual

Felony DWI cases are not resolved through shortcuts or assumptions. Effective defense often involves:

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

These cases demand precision and experience.

Our Approach to Felony DWI Defense

Every felony DWI 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 these matters with the seriousness they demand.

Speak With a Missouri Felony DWI Lawyer

If you are facing a felony DWI charge in Missouri, time is critical. Early missteps 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