Local DUI Laws

Understanding How Missouri Classifies DWI Offenses

If you’ve been arrested or charged with a DWI (Driving While Intoxicated) in Missouri, one of the first questions that often comes up is whether it’s considered a felony or a misdemeanor. The answer depends on the circumstances—Missouri classifies most first-time DWIs as misdemeanors, but certain aggravating factors or repeat offenses can elevate the charge to a felony.

This post explains how Missouri’s legal system determines the severity of a DWI charge. It outlines the typical classifications based on offense level, previous history, and specific circumstances, helping readers understand when a DWI crosses the line from misdemeanor to felony.

We use the term DWI, which is the correct and official term in Missouri law—not DUI, OWI, or any other variation.

Let’s break down how these classifications work and what factors affect whether a DWI is charged as a misdemeanor or a felony in Missouri.

First-Time DWI Offenses: Usually Misdemeanors

In most cases, a first-time DWI in Missouri is classified as a Class B misdemeanor. This means the person has no prior DWI convictions and no aggravating circumstances, such as an injury-causing crash or a minor in the vehicle.

Class B misdemeanor penalties can include:

• Up to 6 months in jail (though often suspended for first offenses)
• Fines up to $1,000
• Probation, community service, and required education programs
• Administrative license suspension (usually 90 days)

While still serious, a misdemeanor is considered a lower-level criminal offense under Missouri law. It does not carry the long-term consequences of a felony, such as permanent loss of certain civil rights or restrictions on employment.

However, even a misdemeanor DWI goes on your criminal record and can impact future cases, as it sets the foundation for enhanced penalties on any subsequent offense.

Second DWI Offense: Higher Misdemeanor With Mandatory Jail

A second DWI offense in Missouri—committed within five years of the first—is elevated to a Class A misdemeanor. This classification reflects Missouri’s stricter stance on repeat impaired driving.

Key elements of a Class A misdemeanor DWI:

• Jail sentence of up to 1 year, with a mandatory minimum of 10 days
• Fines of up to $2,000
• One-year license revocation
• Possible ignition interlock device requirement
• Eight or more points added to your driving record

The “prior offender” status applied to second offenses also influences how courts handle sentencing. Judges have less flexibility with repeat offenders, and prosecutors may pursue more aggressive outcomes.

While still a misdemeanor, a second offense sharply increases the risk of long-term consequences, especially if another offense occurs later.

Third and Subsequent Offenses: Felony Charges Begin

Missouri law treats a third DWI offense as a Class E felony, triggering a different level of criminal classification and sentencing.

A driver with two or more prior DWI convictions is designated a “persistent offender”, and their third arrest leads to the following potential felony outcomes:

• Up to 4 years in prison
• A minimum of 30 days in jail or 60 days of community service
• Ten-year license denial or revocation
• Mandatory ignition interlock device
• Long-term impact on criminal background checks

The severity increases with each additional offense:

• Fourth offense (Aggravated Offender): Class D felony
• Fifth or more offenses (Chronic Offender): Class C felony

Each step up the felony ladder brings longer prison sentences, stricter licensing consequences, and fewer options for probation or alternative sentencing.

Felony DWIs also cannot be expunged in Missouri. Once on your record, they are permanent and carry significant restrictions on employment, housing, voting rights, and other areas of life.

When Aggravating Factors Turn a Misdemeanor into a Felony

Even if it’s a first or second DWI, certain aggravating factors can elevate the charge to a felony. Missouri law allows prosecutors to file felony charges in cases where:

• The DWI caused serious physical injury or death
• There was a child passenger in the vehicle
• The driver had a suspended or revoked license
• The driver was on probation or parole for another offense

In these scenarios, the charge may be filed as a felony assault or manslaughter, depending on the harm caused. These offenses carry much higher penalties, including:

• Prison sentences of 5 to 15 years or more
• Restitution orders
• Permanent felony records
• Lifetime license revocation in some cases

These cases are not treated as routine DWIs and involve separate legal considerations under Missouri’s criminal statutes.

Felony vs Misdemeanor: Key Legal Differences

The difference between a felony and a misdemeanor in Missouri goes beyond the label—it affects sentencing, rights, and long-term consequences.

Misdemeanor DWI (First or Second Offense):

• Handled in municipal or state courts
• Shorter jail sentences or probation options
• Potential for expungement (for first offense only)
• Less impact on employment and background checks

Felony DWI (Third offense or aggravated circumstances):

• Handled in state circuit courts
• Longer prison sentences
• No expungement options
• Permanent criminal record with broader restrictions

Understanding which category your DWI falls under is critical to managing both short-term and long-term outcomes.

How DWI Classifications Affect Arrest and Penalty Process

Missouri’s legal system adjusts both the arrest process and the penalty process based on how a DWI is classified. Law enforcement, prosecutors, and judges all treat felony DWI arrests with a heightened level of seriousness.

This affects:

• Booking procedures (felony charges often lead to higher bail amounts)
• Court handling (felonies go to state-level courts instead of municipal)
• Plea negotiation options
• Sentencing flexibility (fewer alternatives to incarceration in felony cases)

Additionally, those charged with felony DWIs may face pretrial restrictions such as mandatory drug/alcohol testing, GPS monitoring, or home confinement before trial.

FAQ: Felony vs Misdemeanor DWI in Missouri

Q: Is a first-time DWI a felony in Missouri?
A: No. A first DWI is usually a Class B misdemeanor, unless aggravating factors like injury or child endangerment are present.

Q: How many DWIs does it take to be charged with a felony in Missouri?
A: A third offense is typically charged as a Class E felony, and penalties increase with additional offenses.

Q: Can a DWI be upgraded to a felony if someone is injured?
A: Yes. If the DWI causes injury or death, it may be charged as felony assault or manslaughter, even for first-time offenders.

Q: Is it possible to expunge a felony DWI in Missouri?
A: No. Only first-time misdemeanor DWIs may be eligible for expungement under certain conditions.

Q: Do felony DWIs affect driving privileges differently?
A: Yes. Felony DWIs often come with longer license denials, ignition interlock requirements, and mandatory court involvement in reinstatement.

Conclusion

In Missouri, whether a DWI is a felony or misdemeanor depends on prior offenses and the specifics of the incident. While first and second offenses are typically misdemeanors, a third offense—or any DWI involving serious harm—can result in felony charges. Understanding these classifications is essential, as the difference affects sentencing, license reinstatement, and long-term life impact.

To learn more about how DWI laws are applied and enforced across Missouri, visit our full guide on state-by-state DWI laws.

For details on how Missouri’s legal system assigns penalties based on offense level, see our breakdown on how state DWI laws affect arrests and penalties.