Aggravated DWI in Missouri

When a Missouri drunk driving case is labeled “aggravated,” the consequences become far more serious than a typical DWI. Instead of being handled as a misdemeanor, the charge becomes a felony with mandatory jail time, harsher license penalties, and strict supervision from the court. At Scrivner Law Firm, we defend individuals facing these high-stakes allegations throughout Taney County and the Ozarks. Our founding attorney, Dayrell Scrivner, is a former prosecutor with decades of courtroom experience, including years as Chief Assistant Prosecutor. That insider knowledge gives us a distinct advantage in protecting clients against some of the harshest charges in Missouri law.

Missouri’s DWI Laws

Missouri has two main DWI-related offenses. The first, under § 577.010, is driving while intoxicated, which focuses on whether a driver is impaired by alcohol or drugs. The second, under § 577.012, is driving with excessive blood alcohol content, which depends solely on chemical test results, usually 0.08 percent or higher. For commercial drivers, the limit is 0.04. Both offenses begin as misdemeanors, but prior convictions and aggravating circumstances can quickly push them into felony territory.

Missouri also recognizes “intoxication-related traffic offenses,” which include not just DWI but also boating while intoxicated, driving under the influence of drugs, and similar conduct. These prior offenses are what prosecutors use to determine whether someone is a persistent, aggravated, or chronic offender. This enhancement system is why two people facing identical circumstances on the night of arrest can face drastically different outcomes in court.

What Makes a Case “Aggravated”

Under § 577.023, Missouri law defines an “aggravated offender” as someone with at least three prior intoxication-related offenses, or someone with a prior intoxication offense combined with a serious felony such as involuntary manslaughter or certain assault charges. If the State proves this status, the case becomes a class D felony. That means not only the stigma of a felony conviction but also mandatory time behind bars; at least 60 days must be served before probation or parole becomes possible.

But aggravation can also come from the facts of the current incident. If a child under 17 is in the car, the charge can be increased. If there was an accident that caused injury or death, the penalties escalate further, sometimes reaching class B or even class A felonies. Even without a formal aggravated status, a BAC of .15 or higher requires enhanced jail terms, and .20 or higher triggers even longer minimum sentences.

Aggravated DWI is not just about punishment. A felony conviction carries life consequences: the loss of voting rights (until restored), loss of firearm rights, and major hurdles in employment, housing, and professional licensing. For someone who drives for work, like a CDL holder, the penalties can end a career permanently.

Criminal and Civil Consequences

An aggravated DWI has two tracks. The first is the criminal case, where prosecutors seek jail, fines, and felony convictions. The second is the civil license process. If a driver submits a test over the legal limit, the Department of Revenue will suspend or revoke driving privileges under Chapter 302. If the driver refuses testing, a separate revocation applies under the implied consent law. These are independent proceedings, which means a not guilty verdict in criminal court does not automatically restore driving rights. Hearings must be requested quickly, sometimes within 15 days, to preserve the right to contest a suspension.

In administrative hearings, the focus is narrower than in criminal court. The question is usually whether the officer had reasonable grounds to arrest for DWI and whether the driver was over the limit or refused testing. That means it is possible to win the license hearing even if the criminal case is still ongoing. Conversely, someone can lose their license at the administrative level even if the criminal case is later dismissed.

Many drivers also face ignition interlock device requirements before regaining even limited driving privileges. Repeat offenders can be ordered to use interlock devices for six months or longer, depending on the judge’s discretion. These devices require a driver to blow into a breathalyzer before starting the car and sometimes while driving, and any failed or missed test is reported directly to the court.

Case Law and Defenses

Several key court decisions shape how DWI cases are handled in Missouri. In Missouri v. McNeely, the U.S. Supreme Court ruled that a warrant is usually required for a blood test, rejecting the idea that the natural dissipation of alcohol creates a standing emergency. Later, in Birchfield v. North Dakota, the Court confirmed that breath tests may be given without a warrant incident to arrest, but blood tests generally still require one. In civil license revocation cases, the Missouri Supreme Court’s decision in Hinnah v. Director of Revenue clarified what evidence officers must present to justify taking away a driver’s license.

These rulings directly affect whether blood or breath results can be used in court, whether license suspensions are upheld, and how prosecutors must present their cases. In practical terms, this means that a skilled defense attorney may be able to suppress blood test results or challenge the entire basis of a license suspension if officers cut corners.

Defense Strategies in Aggravated DWI Cases

An aggravated DWI defense has two major parts: fighting the underlying charge and challenging the enhancement. We carefully examine the traffic stop to determine whether the officer had reasonable suspicion. Anonymous tips, weaving within a lane, or minor traffic infractions may not be enough to justify a stop.

Field sobriety tests are another frequent battleground. These roadside exercises, such as the walk-and-turn or one-leg stand, are only valid if conducted properly. Poor weather, uneven pavement, or medical conditions like vertigo can make results unreliable. Video footage often tells a different story than the officer’s written report.

Chemical testing also creates opportunities for challenge. Breath tests must follow strict maintenance and calibration schedules, and operators must observe drivers for at least 15 minutes before testing. Blood tests require a warrant or valid consent, and samples must be collected, stored, and analyzed according to laboratory protocols. Any deviation can cast doubt on the results.

On the enhancement side, prosecutors must prove prior convictions with certified records. Sometimes those records are missing, inaccurate, or tied to someone else with a similar name. Out-of-state cases, municipal convictions, and suspended impositions of sentence may not qualify as prior offenses for enhancement purposes. By contesting these issues, defense attorneys can often reduce a felony charge back to a misdemeanor, drastically changing the stakes.

Even when a conviction is inevitable, defense work does not end. Sentencing advocacy can make a huge difference. Courts in Missouri often have DWI treatment courts or programs that focus on rehabilitation rather than punishment. Continuous alcohol monitoring, counseling, or inpatient treatment may persuade a judge to reduce jail time. By presenting evidence of rehabilitation, stable employment, or family responsibilities, defendants can show they are more than their case file.

What to Expect in Taney County and the Ozarks

Every local court has its own practices. In Taney County and nearby Stone and Christian Counties, aggravated DWI cases typically begin with a bond hearing, followed by arraignment and discovery. Prosecutors will provide police reports, body and dash camera video, breath test records, and certified conviction records if they intend to prove aggravated status. Judges in these counties take impaired driving cases seriously, but they also recognize the importance of fairness and proper procedure.

Because of Branson’s tourism-driven economy, law enforcement in the area is especially active in traffic enforcement. Many arrests come from stops on Highway 76 or Highway 65, where late-night traffic is heavy. Visitors and locals alike face DWI charges in these courts, and the volume of cases means prosecutors are familiar with every type of argument. Having a defense attorney who knows the local courts and their procedures is a significant advantage.

Contact Scrivner Law Firm Today

Aggravated DWI charges are among the most serious alcohol-related offenses in Missouri. They carry mandatory jail terms, felony records, and life-changing consequences. Having an attorney who knows both sides of the courtroom can make all the difference. As a former prosecutor, Dayrell Scrivner understands how these cases are built and how to dismantle them. Our firm is committed to protecting your rights, challenging the State’s evidence, and pursuing every possible strategy to reduce or dismiss charges.

We approach every case with a plan: move quickly to preserve your license rights, scrutinize every detail of the stop and arrest, analyze the reliability of test results, and attack the proof of aggravated status. Our goal is not only to protect you in the short term but to safeguard your long-term future.

If you or someone you know is facing an aggravated DWI charge in Taney County, Branson, or any surrounding Ozarks community, do not wait. The sooner you take action, the more options you have for protecting your license, your record, and your future. Contact Scrivner Law Firm today to start building your defense.