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Missouri DWI Statute
Chapter 577 PUBLIC SAFETY OFFENSES
577.010. Driving while intoxicated.
1. A person commits the
crime of "driving while intoxicated" if he operates
a motor vehicle while in an intoxicated or drugged condition.
2. Driving while intoxicated is for the first offense, a class
B
misdemeanor. No person convicted of or pleading guilty to the offense
of driving while intoxicated shall be granted a suspended imposition
of
sentence for such offense, unless such person shall be placed on
probation for a minimum of two years.
(L. 1977 S.B. 60, A.L. 1982 S.B. 513)
(1986) Probable cause that
a person had been "driving"
under these sections was found even though the machine stands motionless,
where such person is found unconscious behind the wheel with the
motor running and thetransmission in "drive". Dalton
v. McNeill, 713 S.W.2d 26 (Mo.App.W.D.).
(1996) It is not double jeopardy to be guilty of DWI in violation
of this section and to suspend driving privileges pursuant to sections
302.500, et seq. State v. Mayo, 915 S.W.2d 758 (Mo.banc).
577.012. Driving with excessive blood alcohol content.
Transferred 1978; formerly 564.439
1. A person commits the
crime of "driving with excessive
blood alcohol content" if such person operates a motor vehicle
in this state with eight-hundredths of one percent or more by weight
of alcohol in such person's blood.
2. As used in this section, percent by weight of alcohol in the
blood
shall be based upon grams of alcohol per one hundred milliliters
of blood or two hundred ten liters of breath and may be shown by
chemical analysis of the person's blood, breath, saliva or urine.
For the purposes of determining the alcoholic content of a person's
blood under this section, the test shall be conducted in accordance
with the provisions of sections
577.020 to 577.041.
3. For the first offense, driving with excessive blood alcohol
content is a class B misdemeanor.
(L. 1975 S.B. 32, A.L.
1982 S.B. 513, A.L. 1996 H.B. 1169 & 1271 merged
with S.B. 722, A.L. 2001 H.B. 302 & 38)
Effective 9-29-01
(1986) Probable cause that
a person had been "driving"
under these sections was found even though the machine stands motionless,
where such person is found unconscious behind the wheel with the
motor running and the transmission in "drive". Dalton
v. McNeill, 713 S.W.2d 26 (Mo.App.W.D.)
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