DWI Conviction Upheld, but Reversed for Re-Sentencing

A conviction for driving while intoxicated (“DWI”) and resisting arrest was upheld where the Court of Appeals determined that there was evidence that defendant was driving his vehicle while intoxicated, albeit thirty (30) minutes expired before law enforcement made contact with the driver. The evidence presented at trial revealed that the Defendant had stopped his truck in a private driveway. The owner of the home saw defendant pull into her driveway. Thirty minutes later the truck was still in the driveway when law enforcement arrived. The driver was reclining in the driver seat. According to law enforcement, the driver was mostly incoherent, his speech was slurred and he appeared disoriented. The truck’s engine was still running. The defendant was convicted and sentenced to twelve years for the DWI and four years for resisting arrest. However, because the judge failed to make the requisite finding of the defendant’s prior convictions, the Court of Appeals determined the defendant could not be sentenced as a chronic DWI offender. The case was  reversed and remanded for re-sentencing.   State of Missouri v. James K. Wilson, Missouri Court of Appeals, Eastern District – ED95423.