• 5 & 10 Year Denials

Multiple DWI Convictions

Second and successive alcohol-related driving offenses have progressively more serious consequences, both criminally and civilly.

While many people view the punishment for a first time state DWI offense as aggressive and even severe, the penalties for a second, or subsequent, state DWI offense have even greater consequences. A first time DWI conviction is a class B misdemeanor and is punishable by imprisonment for a term not to exceed six (6) months and a fine not to exceed $500. A subsequent DWI or "intoxication-related traffic offense" conviction may subject the offender to significantly more severe punishment under the provision of "persistent offender" and "prior offender" definitions in Missouri statute 577.023, RSMo Supp. 2003.

Intoxication-Related Traffic Offense

Missouri statue defines an "intoxication-related traffic offense" as:

Driving while intoxicated, driving with excessive blood alcohol content, involuntary manslaughter, assault in the second degree, assault of a law enforcement officer, or driving under the influence of alcohol or drugs in violation of state law or a county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing.

Persistent Offender | Definition And Punishment

A "persistent offender" is defined as one of the following:

• A person who has pleaded guilty to or has been found guilty of two (2) or more intoxication-related traffic offenses within ten (10) years of the first intoxication-related offense.
• A person who has pleaded guilty to or has been found guilty of involuntary manslaughter, assault in the second degree, assault of a law enforcement officer in the second degree.

If an offender pleads guilty or is convicted of a subsequent DWI or intoxication-related offense and proven to be a "persistent offender", he/she will be convicted of a class D felony. Punishment for a class D felony is a term of imprisonment not to exceed four (4) years and a fine not to exceed $5,000.

Prior Offender | Definition And Punishment

A "prior offender" is defined as:

A person who has pleaded guilty or has been convicted of one (1) intoxication-related traffic offense, where the prior offense occurred within five (5) years of the current charge.

If an offender pleads guilty or is convicted of a subsequent DWI or intoxication-related offense and proven to be a "prior offender", he/she will be convicted of a class A misdemeanor. Punishment for a class A misdemeanor is a term of imprisonment not to exceed one year and a fine not to exceed $1,000.

Contact us online or call 314.621.0622 (877.621.0622 Toll Free) for a FREE consultation and learn how the law applies to your specific situation. As former police officers and a former prosecuting attorney, we know potential pitfalls in the investigative process. As criminal defense attorneys, we know how to afford you protection under the law. Our education and experience mak a difference.

The Missouri Criminal Defense Attorneys of Millikan Wright LLC focus serving the needs of the greater St. Louis Metropolitan area. On the Missouri side, our criminal lawyers defend people in St. Louis city, St. Louis county, Jefferson county, Franklin county, St. Charles county, and Lincoln county. On the Illinois side, our attorneys represent people hurt in Madison county, St. Clair county and Monroe county.