Felony vs. Misdemeanor DUI in Missouri: Key Differences

Missouri DUI, or driving under the influence, is a felony charge. The state has two classifications of felonies and misdemeanors when it comes to DUI charges. Both are different according to the circumstances of the case. These include previous offenses, harm caused, and others like these. Consult a local dui defense lawyer in Kansas City right away. Knowing the differences can be helpful if you’re being charged or you’d like to know more about Missouri law.

What Is a Misdemeanor DUI?

A misdemeanor DUI will usually be the first or second conviction of DUI. It is lighter compared to a felony. But it still has severe penalties. 

Common Traits of a Misdemeanor DUI:

• First or second DUI offense
• No death or injury caused
• No child involved
• No speeding chase

It takes only a small mistake, for instance, driving after having some alcohol, to land someone in a lot of trouble. Even without an injury, the court is dead serious. Police officers will review your history and test results before proceeding with the charges.

Potential Penalties:

• Up to 6 months’ jail time
• Up to $1,000 in fines
• License suspension (30 to 90 days)
• Ignition interlock device
• Substance abuse programs
• Community service hours
• Court fees and driving courses

Judges are firm, but they assist. Some offer treatment instead of jail. That is the norm for first-time offenders. But everything just depends on your case and the judge.

What Is a Felony DUI

A felony DUI is worse. It typically means that this is your third or subsequent DUI. Or that your conduct hurt other people. When someone is injured or killed, the law comes down full force.

Typical Characteristics of a Felony DUI:

• Third offense DUI or subsequent
• Caused severe injury or death
• Had a child in the vehicle
• Driven with license revoked
• BAC way above legal limit

Felony charges are accompanied by harsh penalties. The police will gather evidence such as blood tests and dashcam video. Prosecutors tend to prosecute to the maximum.

Potential Penalties:

• 1 to 15 years in prison
• Fines greater than $5,000
• Permanent revocation of license
• Probation or parole
• Forced rehab programs
• Community service or electronic monitoring
• Increased insurance premiums for life

These penalties can shatter a person’s life. Felonies last forever on your record. They make it difficult to get work or a place to live.

How Missouri Classifies DUIs

Missouri uses a system of “aggravating factors” to decide whether to charge a DUI. These are other facts which make a case worse.

Aggravating Factors Are:

• Prior DUIs
• Death or injury caused
• Minors riding in the vehicle
• No insurance while driving
• Blood alcohol concentration (BAC) 0.15% or above

If any one of these happens, the charge can be made a felony instead of a misdemeanor.

Missouri uses descriptive labels like “prior offender” (second DUI), “persistent offender” (third), “aggravated offender” (fourth), and “chronic offender” (fifth or more). The higher the offense number, the harsher the charge and punishment.

DUI Classes in Missouri

Missouri uses letter designations to categorize the charges.

For Misdemeanors:

• Class B: First DUI (up to 6 months imprisonment)
• Class A: Second DUI (up to 1 year imprisonment)

For Felonies:

• Class E: Third DUI (up to 4 years in prison)
• Class D: DUI injury (7 years or less)
• Class C: DUI death (3 to 10 years)
• Class B: Multiple or repeat deaths (5 to 15 years)

The classes all differ in parole and early release guidelines. Some offenses need the entire sentence to be served.

Long-Term Impact

A DUI can affect your life for many years. It stays on your criminal record. Employers, schools, and landlords will be able to see it.

Misdemeanor DUI Effects:

• Higher insurance premiums
• Loss of employment or inability to find work
• Inability to find housing
• Hard to rent a vehicle
• Affects child custody proceedings

Felony DUI Penalties:

• More time in prison
• Loss of right to hold firearms
• Can’t vote (in prison or on parole)
• Hard to get loans or obtain a license
• Considered a repeat offender
• Likely to have more restrictive probation rules

Can You Get Charges Dropped

Rarely. A lawyer can reduce charges. If you were stopped illegally or tests were faulty, charges are dismissed. But this is not very common. Most DUI charges lead to punishment. To challenge a DUI, you must act fast. Missouri gives you 15 days to request a hearing to save your license. If you do not, you lose your license at once. A solid defense may include video footage, witness statements, or professional testimony. Each case is different. Only a lawyer can help with the right strategy.

Missouri’s BAC Limit

Missouri’s law BAC is:

• 0.08% for motorists 21 and older
• 0.04% for commercial drivers
• 0.02% for motorists under 21

If your BAC is above this, you can be arrested even if you do not feel bad. Police give a breath, blood, or urine test to measure BAC. Refusal has its own problems. It’s better to know your rights and call a lawyer.

Should You Refuse to Take a Breath Test?

Missouri has an “implied consent” law. If you drive, you agree to provide a BAC test if you’re stopped.

Refusing the Test:

• 1-year license suspension
• Could still be charged with DUI
• Used against you in court
• You could be forced to give blood

Refusal won’t always save you from a DUI. Sometimes, it will hurt you more. Officers can obtain a warrant to draw your blood. That is still evidence.

How to Avoid a DUI

It’s simple: don’t drive after drinking. Call a cab, ride-sharing service, or a friend. Plan ahead if you are going out.

Other Tips:

• Know your limit
• Eat something when you drink
• Sleep overnight if needed
• Have a sober driver
• Have non-alcoholic beverages handy
• Don’t make a split-second decision to drive

Also, be a party brain. If you’re hosting, remove keys from people who have been drinking. Offer beds or call rides for them. One poor choice can change a life.

FAQs Regarding Felony vs. Misdemeanor DUI in Missouri

1. Is a first DUI ever a felony in Missouri?

Yes. If you hurt someone or drive a car with a child on board, it can be a felony—your first DUI or not.

2. DUIs prior to it being a felony in Missouri?

The third DUI is typically a felony. Missouri uses the term “persistent offender.” The penalty grows with each offense.

3. Is jail time ever required for a misdemeanor DUI?

Not always. Judges can give probation or community service. Jail time, however, is an option even for first-time offenses.

4. Will I get fired from my job for a DUI?

Yes. Some employers can terminate you, especially if driving is part of your job. The charge can also show up on background checks.

5. How long does a DUI show up on my record in Missouri?

A DUI is on your record permanently. However, you can file for an expungement 10 years after a first misdemeanor DUI—if no other crime was committed.

Final Thoughts

The discrepancy between Missouri misdemeanor and felony DUI is enormous. First-time offenders may face fines and brief imprisonment. Repeated or severe offenders have long prison terms. The law does not exist to punish but to protect people. If you are arrested, get an attorney for DUI right away. And if you’re going to drive, stay sober. It’s safest for you and for others.

Call an experienced Kansas City criminal defense lawyer today.