If you are facing a DWI manslaughter charge in Missouri, the legal landscape might have just shifted under your feet. A new law takes effect August 28, and it adds a financial consequence to a DWI conviction that Missouri courts have never had the authority to impose before. If the person who died left behind minor children, that consequence could follow you for the next decade or longer. You need to understand what this law does before your case moves any further.
DWI manslaughter charges, officially called first-degree involuntary manslaughter in Missouri, are treated as serious felonies. The criminal penalties alone, prison time, license revocation, and a permanent record, are life-altering on their own. Anyone navigating these charges should understand the full weight of what Missouri law considers drunk driving offenses and how courts approach them. Now, on top of the criminal side, there is a new financial obligation that a court can impose at sentencing. And it does not end when you get out of prison.
What Is Bentley and Mason’s Law?
Missouri Governor Mike Kehoe signed several bills into law, including one that allows courts to order child maintenance payments when a DWI conviction results in the death of a parent or guardian. The law takes effect August 28, as no emergency clause was enacted.
The legislation was named after two brothers whose lives were changed forever by a drunk driver. In 2021, the parents of two boys, Bentley and Mason, died in a collision with a drunk driver, along with their 4-month-old brother. This new child support requirement is named for them.
Bentley and Mason’s Law creates an entirely new category of court-ordered financial support in Missouri that bridges criminal law and family law. That is not a small thing. Courts in Missouri have never had a tool quite like this one, and it changes the math on what a DWI manslaughter conviction actually costs.
To clarify what this means practically: the child maintenance obligation is separate from any criminal fine or restitution the court may also impose. These are two different tracks, and both can run at the same time.
How Long Could You Be Ordered to Pay?
The payments are not a one-time thing. They are ongoing, structured obligations, similar in some ways to what you would see in a family court child support order.
Under the law, if a defendant is found guilty of a DWI offense in which a child’s parent or legal guardian was killed, such as involuntary manslaughter arising out of a car accident, the criminal court will now be rquired to order the defendant to pay maintenance to the child. Payments will last until the child turns 18, but may extend to age 21 if the child is pursuing post-secondary education or has a qualifying disability.
If the person ordered to pay is imprisoned or otherwise confined, they have up to one year after release from incarceration to begin payment, including any arrearage. So incarceration does not pause the clock indefinitely. The obligation builds while you are inside, and it is waiting for you when you get out.
If the surviving parent or guardian brings a civil action and obtains a judgment before any child maintenance order is entered, no maintenance will be ordered by the criminal court. If the civil action comes after maintenance is ordered, the maintenance order offsets the judgment.
The broader bill that Bentley and Mason’s Law is a part of also tightens other aspects of Missouri DWI law. It enhances criminal penalties for those found to have acted with criminal negligence while driving intoxicated, clarifies probation and parole rules for fatal DWI offenses, and requires at least five years in prison for some fatal DWI convictions, with 10 years without parole eligibility for repeat offenders whose DWI causes a death. This is a broader tightening of the law across the board, not just the child maintenance piece.
Why You Need Strong Legal Representation Right Now
Most people facing involuntary manslaughter charges in Missouri are already overwhelmed. The criminal case alone is enough to consume everything. Adding a potential child maintenance obligation on top of that, one that could stretch for 15 or 20 years, makes the stakes even harder to fully grasp. It’s something that must be part of any defense strategy for handling a DWI involuntary manslaughter case moving forward.
At Frank and Juengel Law Group, PC, we work with people in St. Louis and across the surrounding area who are facing serious DWI charges, including manslaughter. We understand how Missouri courts approach these cases, and we take the time to understand the full picture of what our clients are up against, including what a conviction could mean financially for years to come. If you are facing charges and the victim left behind minor children, reach out to us. The sooner we can talk, the more options we may have.