A DWI that causes an injury is no longer a misdemeanor. Under Missouri law, a DWI in which the driver’s criminal negligence causes physical injury to another person is a felony, and the class rises with the seriousness of the injury.
This guide covers DWI with injury, serious injury, and death under RSMo 577.010, which was amended by 2026 H.B. 1740 effective August 28, 2026, along with what the State must prove and how these cases are defended. Because the amendment is new, how courts apply some of its wording is still to be seen.
The classes
Is a DWI with injury a felony in Missouri?
Yes. The class depends on the harm caused.
Physical injury
Driving while intoxicated and acting with criminal negligence to cause physical injury to another person: a class D felony, up to 7 years.
Serious physical injury
Causing serious physical injury the same way: a class C felony, 3 to 10 years.
Death
Causing the death of another person: a class B felony, 5 to 15 years, under one provision of the amended statute. A separate provision lists causing death as a class A felony, and a later DWI after a prior injury or death conviction is also class A. How these provisions fit together is a question for the courts and for careful advice in each case.
Repeat offenders
Prior DWI history raises the class on its own, from a class A misdemeanor for a prior offender up to a class B felony for a habitual offender, and rules out an SIS.
The elements
What does the State have to prove in a DWI injury case?
Intoxication, criminal negligence, and that the negligence caused the injury.
- Operating while intoxicated. Under the influence of alcohol, drugs, or both. A breath or blood test is common evidence, but it is not required, and drug cases depend on proof of actual impairment.
- Criminal negligence. A failure to be aware of a substantial and unjustifiable risk, amounting to a gross deviation from the standard of care a reasonable person would use.
- Causation. The driver’s negligence must have caused the injury. A crash that would have happened anyway, because of another driver’s conduct, road conditions, or a sudden emergency, is a different case.
- The level of injury. Physical injury, serious physical injury, and death are distinct legal standards. Medical records decide which applies.
After a crash
What happens after a DWI crash with injuries?
Several things at once, on separate tracks.
Police often seek a blood sample, sometimes with a warrant. The State typically treats the case as a felony from the start, which affects bond. The Department of Revenue license case runs on its own short deadlines. And an injured person may bring a civil claim for damages against the driver and their insurer.
Crash reconstruction, vehicle data, scene video, and medical records often decide these cases. Some of that evidence can be lost quickly, so an early defense investigation matters.
Defenses
How do you defend a DWI injury charge?
By testing each link in the chain.
- Intoxication. How and when blood was drawn, how it was tested and stored, and whether a warrant was required.
- Causation. Reconstruction can show the crash was caused by another driver, a road defect, or a mechanical failure.
- Negligence. Being intoxicated and being in a crash do not automatically prove the driver acted with criminal negligence.
- The injury level. Whether an injury meets the legal definition of “serious physical injury” is often disputed.
- Statements. What the driver said at the scene and at the hospital is frequently the State’s key evidence.
FAQ
DWI injury questions
What is the charge for a DWI accident with injuries in Missouri?
Driving while intoxicated under RSMo 577.010, charged as a class D felony for physical injury or a class C felony for serious physical injury, when the driver’s criminal negligence caused the injury.
Is a first-time DWI with injury a felony?
Yes. The injury itself makes it a felony, regardless of prior record.
What if the other driver caused the crash?
The State must prove the defendant’s own criminal negligence caused the injury. If the crash was caused by someone or something else, that is a central defense, though a separate DWI charge may remain.
Can I get probation for a DWI with injury?
It is possible in some cases, particularly class D cases without prior DWIs, but it depends on the injury, the facts, the record, and the court. Prior offender status rules out an SIS.
Can a DWI with injury be expunged?
Generally no. Intoxication-related traffic offenses are excluded from Missouri’s general expungement statute, and the separate one-time DWI expungement applies only to misdemeanors.
See our DWI defense page, or call 573-638-8529. Charged in a specific county? Jefferson City and Cole County, Columbia and Boone County, or Fulton and Callaway County.
Talk to us
Evidence from a crash does not last.
If you have been charged after a DWI crash in Missouri, call early so the scene, vehicles, and records can be examined.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri DWI law as of October 2026, not legal advice, and it does not create an attorney-client relationship. The outcome of any case depends on its facts.
© 2026 Vindex Law, PC · 235 East High Street, Suite 102, Jefferson City, MO 65101