In Missouri, a “Prior Offender” isn’t just someone with a previous ticket; it is a specific legal status that drastically changes how the court handles a case. If someone has one prior intoxication-related conviction within five years of the current offense, the stakes increase significantly.
The Legal Shift
Once someone is classified as a Prior Offender, the offense is elevated from a Class B to a Class A Misdemeanor.
- Max Penalty: Up to 1 year in jail and a fine of up to $2,000.
- Probation Restrictions: One is no longer eligible for a Suspended Imposition of Sentence (SIS). Probation can only be a Suspended Execution of Sentence (SES), meaning the conviction goes on the permanent record.
- One can also be required to install an Ignition Interlock Device (IID) – click here for info and costs.
- One can also be required to wear a SCRAM bracelet for “continuous alcohol monitoring” – click here for info and costs.
Mandatory Minimums: Jail or Service?
State law mandates that a Prior Offender cannot be granted probation or parole until they have served a minimum amount of time or completed a rigorous alternative:
- 10 Days in Jail: This is the baseline requirement.
- The Community Service Alternative: In jurisdictions with a recognized program, you may perform 30 days* of community service instead of jail time.
- DWI Court: Successful completion of a certified DWI Court program can also satisfy this requirement.
Doing the Math: What is a community service “Day”?
There is often confusion about how many hours are required for community service. While some Missouri statutes for other offenses (like Driving While Revoked) define a “day” as 4 hours, the DWI standards are much stricter.
- DWI Requirement: Historically and in practice, a “day” for DWI community service is calculated as 8 hours.
- Total Hours: This means a Prior Offender must complete at least 240 hours of service to avoid the 10-day jail stint.
- This is equivalent time (10 days in jail x 24 hours = 240 hours = 240 hours of community service).
Finally, as noted here and here, in Missouri the charges and punishments escalate with each DWI. The third DWI is a felony; so, this second DWI puts that person 66% towards the 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
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