Prosecutors have new hurdles from Missouri DWI law changes

Benton, MO

If legislators want prosecutors to get tough on drunk drivers, they are going to have to start being a bit more careful when making and amending driving while intoxicated laws.

On March 4, the Missouri Supreme Court ruled that driving while intoxicated convictions in a municipal court with a suspended imposition of sentence can not counted when upgrading a DWI charge to a felony.

Scott County Prosecuting Attorney Paul Boyd explained that according to section 577.023 of the Missouri Revised Statutes, if someone facing a DWI charge has a prior alcohol-related conviction within the last five years, they can be charged as a prior offender with a class 1 misdemeanor. If they have three alcohol-related convictions within a lifetime, they can be charged as a persistent offender with a class D felony; those with four convictions can be charged as an aggravated offender with a class C felony; and five or more convictions means they can face class B felony charges as a chronic defender.

Due to ambiguous language in the statutes, however, the high court ruled that “we can no longer use a prior SIS on a municipal DWI conviction for enhancement purposes,” Boyd said.

While this ruling allows many repeat drunken drivers to avoid felony charges and may even result in some who were convicted with enhanced charges getting out of prison, Boyd said what has been making his job difficult when prosecuting DWIs is coming up with evidence of prior convictions. More >>

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