Mo. Rev. Stat. » Chapter 577
Missouri Revised Statutes

Mo. Rev. Stat. § 577.023 (2026)

Aggravated, chronic, persistent and prior offenders, when

✓ current as of May 2026
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  577.023.  Aggravated, chronic, persistent and prior offenders, when — trial procedures — sentencing information. — 1.  A court shall find the defendant to be a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating offender if:

  (1)  The indictment or information, original or amended, or the information in lieu of an indictment pleads all essential facts warranting a finding that the defendant is a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating offender; and

  (2)  Evidence is introduced that establishes sufficient facts pleaded to warrant a finding beyond a reasonable doubt the defendant is a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating offender; and

  (3)  The court makes findings of fact that warrant a finding beyond a reasonable doubt by the court that the defendant is a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating offender.

  2.  In a jury trial, the defendant's status as a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating offender shall be found prior to submission to the jury outside of its hearing.

  3.  In a trial without a jury or upon a plea of guilty, a determination of the defendant's status as a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating offender may be made by the court at any time prior to sentencing.

  4.  Evidence offered as proof of the defendant's status as a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender or habitual boating offender shall include but not be limited to evidence of findings of guilt received by a search of the records of the Missouri uniform law enforcement system, including criminal history records from the central repository or records from the driving while intoxicated tracking system (DWITS) maintained by the Missouri state highway patrol, or the certified driving record maintained by the Missouri department of revenue.  Any findings of guilt used to establish the defendant's status as a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender or habitual boating offender shall be prior to the date of commission of the present offense.

  5.  The defendant shall be accorded full rights of confrontation and cross-examination, with the opportunity to present evidence, at such hearings.

  6.  The defendant may waive proof of the facts used to prove his or her status as a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating offender.

  7.  If a court finds the defendant to be a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating offender, the court shall not instruct the jury as to the range of punishment or allow the jury, upon a finding of guilt, to assess and declare the punishment as part of its verdict.

  8.  At sentencing, all parties shall be permitted to present additional information bearing on the issue of the sentence.  Nothing in this section shall prevent the use of presentence investigations, sentencing advisory reports or commitments.

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(L. 1982 S.B. 513, A.L. 1983 S.B. 318 & 135, A.L. 1991 S.B. 125 & 341, A.L. 1993 S.B. 167 merged with S.B. 180, A.L. 1998 S.B. 634, A.L. 2001 H.B. 302 & 38, A.L. 2005 H.B. 353 merged with H.B. 972 and S.B. 37, et al. merged with H.B. 353, A.L. 2005 1st Ex. Sess. H.B. 2, A.L. 2008 H.B. 1715, A.L. 2008 H.B. 1715 merged with S.B. 930 & 947, A.L. 2009 H.B. 62, A.L. 2010 H.B. 1695, et al., A.L. 2011 H.B. 199, A.L. 2012 S.B. 480, A.L. 2014 S.B. 491)

Effective 1-01-17

(1984) Sentence enhancement provisions do not violate constitutional proscription against ex post facto laws. (Mo.banc) State v. Acton, 665 S.W.2d 618.

(1991)  Where defendant was convicted of intoxication-related traffic offenses in violation of laws of other states, such convictions may be used for enhancement purposes as persistent offender.  Phrase "in violation of state law" bars use of municipal ordinance convictions for enhancement.  State v. Ryan, 813 S.W.2d 898 (Mo. App.S.D.).

(1997) Intoxication-related traffic offense includes a guilty plea to a DWI in violation of a municipal ordinance with a suspended imposition of sentence.  State v. Meggs, 950 S.W.2d 608 (Mo.App.S.D.).

(1997) A blood alcohol content conviction pursuant to municipal ordinance can be used as evidence to enhance punishment.  State v. Haskins, 950 S.W.2d 613 (Mo.App.S.D.).

Notes of Decisions
Cited in 170 cases (9 in the last 5 years), 1983–2025 · leading case: State v. Severe, 307 S.W.3d 640 (Mo. 2010).
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State v. Severe, 307 S.W.3d 640 (Mo. 2010). · cites it 54× “Analysis Severe was charged as a persistent offender pursuant to section 577.023 [2] to a class D felony. [3] A persistent offender is "a person who has pleaded guilty to or has been found guilty of two or more intoxication-related traffic offenses.”
State v. Pike, 162 S.W.3d 464 (Mo. 2005). · cites it 24× “The provision of section 577.023 1 that enhances a driving while intoxicated charge from misdemeanor to felony by including prior DWI offenses from courts- where the judge is a lawyer — but not including offenses from non-lawyer judge courts — violates equal protection and due…”
Schaefer v. Koster, 342 S.W.3d 299 (Mo. 2011). · cites it 34× “*300 Plaintiffs filed a consolidated petition for a declaratory judgment asserting that the enhanced penalty provisions of section 577.023, RSMo Supp.2008, violate article III, sections 21 and 23 of the Missouri Constitution.”
State v. Stottlemyre, 35 S.W.3d 854 (Mo. Ct. App. 2001). · cites it 27× “Following the conviction, he was sentenced as a prior and persistent intoxication-related offender under § 577.023, RSMo 1994, and as a prior and persistent offender under § 558.”
State v. Gibson, 122 S.W.3d 121 (Mo. Ct. App. 2003). · cites it 21× “The law is well settled that to sentence under § 577.023, the trial court is not required to make express findings of fact supporting a finding that the defendant is a prior or persistent offender, State v.”
State v. Haskins, 950 S.W.2d 613 (Mo. Ct. App. 1997). · cites it 24× “The original form of Missouri’s law authorizing enhanced punishment for prior alcohol-related traffic offenders was § 577.023 RSMo Cum.Supp.1982. 2 It was promptly replaced by a revised § 577.”
State v. Downing, 359 S.W.3d 69 (Mo. Ct. App. 2011). · cites it 22× “Downing claims that the trial court erred in denying his motion to strike his persistent offender status because pursuant to section 577.023 1 , his 2004 offense for driving while intoxicated could not be used for enhancement purposes as he was ordered to pay a fine in addition…”
State v. Cullen, 39 S.W.3d 899 (Mo. Ct. App. 2001). · cites it 17× “” The judgment stated, in pertinent part: [Tjhe Court takes up for consideration and ruling Defendant’s objection to the State’s request and evidence in support thereof, that the Court find Defendant to be a persistent Driving While Intoxicated Offender per § 577.023 RSMo.…”
Turner v. State, 245 S.W.3d 826 (Mo. 2008). · cites it 12× “A prior municipal offense that resulted in an SIS, Turner maintained, cannot be used to enhance punishment under section 577.023. The motion court denied relief, and this appeal followed.”
Feldhaus v. State, 311 S.W.3d 802 (Mo. 2010). · cites it 11× “Introduction Damon Feldhaus challenges the validity of § 577.023, RSMo Supp.2008. 1 Feldhaus asserts that the statute violates the void for vagueness doctrine, and, therefore, he was denied due process of law.”
State of Missouri v. Keith A. Coday, 496 S.W.3d 572 (Mo. Ct. App. 2016). · cites it 14× “Before evidence was presented in the bench-tried case, the circuit court held a hearing on Coday’s “Motion to Exclude Prior Kansas Convictions as Evidence of Defendant’s Status as a ‘Persistent Offender’ under Section 577.023, RSMo.” Coday asserted that his two prior Wyandotte…”
State v. Acton, 665 S.W.2d 618 (Mo. 1984). · cites it 16× “010, amended 1982; § 577.023, RSMo 1983. A person convicted under any of these statutes was therefore aware at the time of any such conviction that subsequent violations would result in punishment as a felony; and this Court recognized that a plea of guilty under the former…”
Show all 170 citing cases →
— Mo. Rev. Stat. § 577.023(1) — 2 cases
Wilson v. Dir. of Revenue, 873 S.W.2d 328 (Mo. Ct. App. 1994).
State of Missouri v. Sandra K. Benson (Mo. Ct. App. 2022).
— Mo. Rev. Stat. § 577.023(14) — 1 case
State v. Haskins, 950 S.W.2d 613 (Mo. Ct. App. 1997). “The original form of Missouri’s law authorizing enhanced punishment for prior alcohol-related traffic offenders was § 577.023 RSMo Cum.Supp.1982. 2 It was promptly replaced by a revised § 577.”
— Mo. Rev. Stat. § 577.023(2) — 1 case
McMullin v. State, 686 S.W.2d 549 (Mo. Ct. App. 1985).
— Mo. Rev. Stat. § 577.023(4) — 2 cases
State ex rel. James Dean Hodges, Relator v. The Honorable Jodie Asel & George Lombardi, 460 S.W.3d 926 (Mo. 2015).
DONALD WAYNE McMANNIS, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent (Mo. Ct. App. 2025).
— Mo. Rev. Stat. § 577.023(6) — 1 case
DONALD WAYNE McMANNIS, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent (Mo. Ct. App. 2025).
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