When is a Dui not a Dui??

When is a Dui not a Dui?? (Well not ever really but for purposes of enhancement to a more serious charge, sometimes, at least for now)

Under a recent Missouri Supreme Court decision Reginald A. Turner, Appellant v. State of Missouri, Respondent., http://www.courts.mo.gov/Courts/PubOpinions.nsf/0f87ea4ac0ad4c0186256405005d3b8e/3b90c4f20b33ef0886257402005d4fee?OpenDocument a MUNICIPAL driving while impaired (dui or dwi) charge can NOT be used to enhance a later DUI/DWI charge to a higher level offense, i.e. Felony DWI. The Court said that due to the way the legislature had written R.S.MO. 577.023 the only prior dui charges that could be used to enhance to a higher grade offense were State charges, like the basic State Dwi charge R.S.MO 577.010, charged by a Highway Patrolman or a County Sheriff or Park Ranger.

The Legislature changed the period of time a prosecutor can look back for the purpose of charging an enhanced DWI from 10 years to your lifetime a couple of years ago. So if you had a Kansas City Municipal court dui in 1990, and a Lee’s Summit one in 1995 and then got yet another one this year, prior to Turner, you could and most likely would have been charge with a Felony DWI. Since Turner these cases cannot be charged as Felonies. The Legislature no doubt will cure this defect when this year’s legislation becomes law in late August.

The language of the existing statute as been in use for quite of few years and some lawyers are of the belief that a Felony DWI based on prior city dui/dwi charges might be successfully challenged. If you have pleaded guilty or be found guilty of a Felony DWI in the State of Missouri, you may wish to contact your attorney to see if Turner might afford you some relief.

The transmission of information from The-Law.com to you is not intended to create nor does it create an attorney-client relationship between The-Law.com or David M. Lurie and you nor is this information intended as legal advice.