In Missouri, a fourth DWI (three or more prior convictions) labels that person an Aggravated Offender. This is a critical turning point in the legal process because the “alternatives” to jail time largely vanish.
The Legal Classification
- Classification: Class D Felony.
- Maximum Penalty: Up to 7 years in prison (Department of Corrections) and a fine of up to $10,000.
- No SIS: Just like prior levels, a Suspended Imposition of Sentence (SIS) is not an option.
- One can also be required to install an Ignition Interlock Device (IID) – click here for info on IID and costs.
- One can also be required to wear a SCRAM bracelet for “continuous alcohol monitoring” – click here for info on SCRAM and costs.
The “Hard” Mandatory Minimum
The most significant change at the Aggravated level is the loss of the community service loophole to avoid jail:
- 60 Days in Jail: There is no eligibility for probation or parole until the individual has served a minimum of 60 days of imprisonment.
- No Community Service Option: Unlike “Prior” or “Persistent” offenders, the statute generally removes the option to perform community service in lieu of this 60-day jail term.
What This Means
At this stage, the state’s focus shifts any semblance of rehabilitation to strictly mandated punishment.
Finally, as noted here, here, here, and here, in like the third DWI, the fourth is also a felony with the following potential adverse consequences besides prison:
- Losing your right to vote while confined under a sentence of imprisonment (note you generally cannot register or vote while on felony probation (SES) or parole).
- Losing your gun rights: It is a Class C felony for any person convicted of a felony to knowingly possess a firearm – even non-violent felonies.
- Preventing you from holding public office: A felony conviction generally disqualifies you from holding any public office in the state.
- Disqualifying you from jury service: Anyone convicted of a felony is forever disqualified from serving as a juror in Missouri.
- Impacting employment:
- Professional Licenses: Licensing boards (for nursing, teaching, real estate, etc.) can deny, suspend, or revoke licenses based on a criminal history
- Restricted Professions: Certain roles—such as law enforcement officer—are generally off-limits for those with a felony conviction.
Statutes Cited: RSMo 577.010; RSMo 577.023; RSMo 558.011; RSMo 558.002
Leave a Reply