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Vehicular Assault Laws in Missouri

How Missouri law treats vehicular assault: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Injuring someone while driving drunk is charged under the driving-while-intoxicated statute. If an intoxicated driver acts with criminal negligence to cause physical injury, it is a class D felony (up to 7 years); RSMo §§ 577.010.2, 565.052, 558.011

Vehicular assaultInjuring someone while driving drunk is charged under the driving-while-intoxicated statute. If an intoxicated driver acts with criminal negligence to cause physical injury, it is a class D felony (up to 7 years); serious physical injury is a class C felony (3 to 10 years); and death is a class B felony (5 to 15 years). Recklessly causing serious physical injury to another person, including by driving, can also be charged as second-degree assault, a class D felony.
§ 577.010 as amended by 2026 H.B. 1740, effective August 28, 2026 (the revisor page for this version shows a stray heading but the text is the DWI statute). Assault: https://revisor.mo.gov/main/OneSection.aspx?section=565.052. Class penalties: https://revisor.mo.gov/main/OneSection.aspx?section=558.011 and https://revisor.mo.gov/main/OneSection.aspx?section=558.002.

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FAQ

What is vehicular assault in Missouri?
Injuring someone while driving drunk is charged under the driving-while-intoxicated statute. If an intoxicated driver acts with criminal negligence to cause physical injury, it is a class D felony (up to 7 years); serious physical injury is a class C felony (3 to 10 years); and death is a class B felony (5 to 15 years). Recklessly causing serious physical injury to another person, including by driving, can also be charged as second-degree assault, a class D felony.
Can I get a court-appointed lawyer for vehicular assault in Missouri?
Missouri's rule on court-appointed lawyers: The state public defender system represents eligible indigent persons. Eligibility is determined by the state public defender (or a person working under the defender) based on the person's 'ability to make bond, his income and the number of persons dependent on him for support.' A person claiming indigency files an affidavit with the court containing the information the public defender commission requires; either party may ask the court where the case is pending to decide whether the public defender may represent the defendant. Knowingly making a false affidavit to obtain services is a class A misdemeanor. The section does not set an application fee. RSMo § 600.086
How much does a lawyer for vehicular assault cost in Missouri?
Lawyers set their own fees, and Missouri has rules on how they may charge. See hiring a criminal defense lawyer in Missouri for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for vehicular assault in Missouri?
How release before trial works in Missouri: 'That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great' (Mo. Const. art. I, § 20). By statute, a person charged with a bailable offense may be released on personal recognizance unless the judge finds that release will not reasonably assure the person's appearance; the judge may then impose conditions such as supervised custody, travel or association limits, a bail bond or cash deposit, reporting, or house arrest with electronic monitoring (§ 544.455.1). The judge considers the nature of the offense, the weight of the evidence, family ties, employment, financial resources, character and mental condition, length of residence, criminal record, and record of court appearances (§ 544.455.2). Conditions are reviewed for a person still detained after 24 hours because the person cannot meet them. Mo. Const. art. I, § 20; RSMo § 544.455 What happens after an arrest.
Can a conviction for vehicular assault be removed from my record in Missouri?
Each state sets its own rules for sealing or expunging records. See Missouri expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.