In Missouri, a third DWI isn’t just another misdemeanor—the line into felony territory is crossed. A “Persistent Offender” is someone who has two or more prior intoxication-related convictions.
The “No Time Limit” Rule
Unlike the 5-year lookback for Prior Offenders, the classification for a Persistent Offender has no time limit. If someone had two DWIs twenty years ago and get another one today, that is a Persistent Offender under Missouri law.
The Legal Classification
- Classification: Class E Felony.
- Maximum Penalty: Up to 4 years in prison (Department of Corrections – not the county jail) and a fine of up to $10,000.
- One can also be required to install an Ignition Interlock Device (IID) – click here for info on IID and costs.
- One can be required to wear a SCRAM bracelet for “continuous alcohol monitoring” – click here for info on SCRAM and costs.
Mandatory Minimums: Prison or Service?
A Persistent Offender is not eligible for parole or probation until they satisfy one of the following mandatory minimums:
- 30 Days in Jail: This is the minimum time behind bars required before probation eligibility.
- 60 Days (480 Hours) of Community Service: If the jurisdiction has a recognized program, a person may perform 480 hours (60 days at 8 hours per day) of service to avoid the 30-day jail term.
- Unlike the “equivalent” for prior offender, 30 days in jail = 720 hours vs. 480 hours of community service).
- DWI Court: Successful completion of a DWI Court program may also satisfy the sentencing requirements.
Finally, as noted here and here and here, in Missouri the charges and punishments escalate with each DWI. The third DWI is 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; RSMo 478.007
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