Section 32 Changes in Penalty

• Library: Missouri Criminal Practice Revision - Drug and Alcohol Offenses 2014

For the most part, the penalties for DWI remain the same. In a couple of instances, the penalties have been modified. In other cases, new penalty enhancements have been added. For instance, negligently causing serious physical injury to another person while DWI now results in a class D felony. There was no enhanced penalty for serious physical injury in the Original Code, only physical injury or death. Serious physical injury is defined in the Revised Code under §556.061 (amended) as “physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.” Members of the subcommittee of The Missouri Bar’s Criminal Law Committee testified to the Joint Committee on the Missouri Criminal Code in 2012 that the penalties were modified to graduate the levels of...