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St. Charles Felony DUI Lawyer
You may understandably be feeling overwhelmed and stressed both as you face a DUI charge and as you face a felony DUI charge. However, a charge is not a conviction. Wayne T. Schoeneberg is a results-oriented lawyer with over 40 years of experience fighting for clients. He will calm your anxieties and help you take a level-headed approach to fighting your felony DUI charge, whether it is due to a third-offense DUI or accusation of intoxicated vehicular manslaughter. It is hard to challenge a lawyer as experienced and skilled in trial litigation and negotiation as Attorney Schoeneberg .
Vehicular Manslaughter While Intoxicated
If a person who is driving while intoxicated kills another person, they could face enhanced felony penalties depending on the circumstances. In general, if a motorist kills another person while driving in an intoxicated condition (impaired due to alcohol or drugs or possessing a blood alcohol concentration of .08% or more), they are guilty of a Class C felony. Class C felonies carry 3-10 years in prison and a maximum of $10,000 in fines.
If a person is convicted a second time for an alcohol- or drug-related offense within a period of 5 years, they may receive a 5-year license denial. If they are convicted 3 or more times of an intoxication-related traffic offense, they will receive a 10-year license denial before they may apply for reinstatement of their license.
Sentencing Guidelines for Felony DUIs
While the standard first-time DUI is a misdemeanor in Missouri, multiple convictions and extenuating circumstances (e.g., vehicular manslaughter) could lead to felony charges. For instance, third-offense DWIs (the defendant has at least 2 prior DWI convictions) are Class E felonies that could result in:
- up to 4 years in jail;
- up to $10,000 in fines;
- 10-year license revocation;
- at least 6 months of ignition interlock device (IID) use.
A fourth offense, which labels the offender as an “aggravated offender” is a Class C felony punishable by up to 7 years in prison and/or up to a $5,000 fine. There is also a mandatory minimum of 60 days in prison before being eligible for probation or parole.
A fifth or subsequent offense will be charged as a Class B felony, and the individual will be labeled a “chronic offender.” The penalties could be at least 5 years and up to 15 years in prison. There will also be a mandatory minimum of 2 years of imprisonment before being eligible for probation or parole.
Note that if an individual is convicted in criminal court for a third DWI, they will not be eligible for license reinstatement for at least 10 years. Following the revocation period, though, the licensee may be eligible for license reinstatement, though they will be required to use an ignition interlock device (IID) for at least 6 months of driving again.