DWI
Felony DWI in Missouri
A third DWI in Missouri is a felony. Each one after that is a worse felony. The priors are where these cases are decided.
15 days to request your license hearing
After a DWI arrest at .08 or more, the Department of Revenue starts a license suspension on its own. You have 15 days from the date on the notice (Form 2385) to request a hearing. Miss it and the suspension stands. § 302.530
The charge
What the charge means
- Two prior findings make it a felony
- Persistent offender: class E felony
- Aggravated: three or more priors
- Chronic or habitual: four or more
- Injury or death raises the class
- Priors can be from any state or court
Quick answer
Is a third DWI always a felony in Missouri?
Usually. A third intoxication-related traffic offense is charged as a persistent offender, a class E felony, when the state can prove two prior findings of guilt on separate occasions. Whether each prior counts is the first question in the case.
Source: RSMo 577.010 and 577.001
The defense
What Ted looks at first
Where these cases are decided, in the order Ted works through them.
Whether each prior actually counts
The state has to prove every prior finding of guilt with a record. A plea without a lawyer, a record that does not match, or an offense outside the definition can take a tier away.
The stop and the arrest
An officer needs a lawful reason to stop you and probable cause to arrest you. If either is missing, what came after it can be kept out.
Field tests, on video
The roadside tests are scored against a manual. The video shows whether they were given and scored the way the manual says.
The breath or blood test
Breath instruments have maintenance logs and certifications. Blood has a chain of custody. Gaps in either are a defense.
The charge itself
Charging papers sometimes claim a tier the priors do not support. Reading them against the definitions is the first job.
What happens next
How the case moves
From the first call to the end of the case. Nothing here promises an outcome.
Bond and conditions
Release terms can include an ignition interlock or alcohol monitoring.
MoreLess
Ted asks for conditions you can actually keep, because a violation becomes its own problem.
The first court date
Usually an arraignment or a first appearance. Nothing is decided that day.
The priors
Ted gets the record of every prior finding and checks each one against the definition.
Discovery and motions
The video, the instrument records, the reports. Problems become motions to suppress.
Resolution
A dismissal, a plea to something smaller, or trial. You make the final call.
Sentencing and after
What a sentence means for probation, your license and your record.
Sources
The law this page cites
Each section was read at its source on 2026-10-29. The links open the Missouri Revisor of Statutes or the state agency page.
Felony DWI: common questions
What is the prison range for a felony DWI?
A persistent offender (class E felony) faces up to four years; an aggravated offender (class D) up to seven; a chronic offender (class C) three to ten; a habitual offender (class B) five to fifteen. Fines on class C, D and E felonies run up to $10,000.
Source: RSMo 558.011 and 558.002
Do municipal or out-of-state DWIs count as priors?
Yes. The definition of an intoxication-related traffic offense covers state, county and municipal ordinance findings, federal and military offenses, and offenses in other states. The record of each one still has to be proven.
Source: RSMo 577.001
How long is the license denial after a felony DWI?
More than two DWI convictions means a ten-year denial under 302.060. Getting a license back after that takes a petition to the circuit court and an ignition interlock for at least six months after reinstatement.
Source: RSMo 302.060
Will I go to prison on a persistent offender DWI?
Not automatically. A persistent offender is not eligible for probation or parole until serving at least 30 days, unless the court allows 60 days of supervised community service, or a treatment program plus 60 days of community service, in its place. Aggravated offenders serve at least 60 days; chronic and habitual offenders at least two years.
Source: RSMo 577.010
Charged with felony DWI? Talk to Ted.
What happens next
Ted calls you back
Ted or his paralegal will call you back at the number you give. Have your paperwork near the phone if you can.
You talk through what happened
What you were charged with, where, and what the paperwork says. Ted tells you what the charge means and what comes first.
You decide
If it makes sense to work together, Ted explains the fee and what he does next. If not, you still leave knowing where you stand.
Rather talk than type? Call, and the office sets a time.