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.
Driving with excessive blood alcohol content.
577.012.
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.
Consumption of alcoholic beverages in moving motor vehicle, prohibited when–infraction–records, not to appear
on.
577.017.
1. No person shall consume any alcoholic beverage while operating a moving motor vehicle upon the highways,
as defined in section 301.010, RSMo.
2. Any person found guilty of violating the provisions of this section is guilty of an infraction.
3. Any infraction under this section shall not reflect on any records with the department of revenue.
Chemical tests for alcohol content of blood–consent implied, when –administered, when, how–videotaping of
chemical or field sobriety test admissible evidence.
577.020.
1. Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have
given consent to, subject to the provisions of sections 577.020 to 577.041, a chemical test or tests of the
person’s breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person’s
blood pursuant to the following circumstances:
(1) If the person is arrested for any offense arising out of acts which the arresting officer had reasonable grounds
to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged
condition; or
(2) If the person is under the age of twenty-one, has been stopped by a law enforcement officer, and the law
enforcement officer has reasonable grounds to believe that such person was driving a motor vehicle with a blood
alcohol content of two-hundredths of one percent or more by weight; or
(3) If the person is under the age of twenty-one, has been stopped by a law enforcement officer, and the law
enforcement officer has reasonable grounds to believe that such person has committed a violation of the traffic
laws of the state, or any political subdivision of the state, and such officer has reasonable grounds to believe,
after making such stop, that such person has a blood alcohol content of two-hundredths of one percent or greater;
(4) If the person is under the age of twenty-one, has been stopped at a sobriety checkpoint or roadblock and the
law enforcement officer has reasonable grounds to believe that such person has a blood alcohol content of
two-hundredths of one percent or greater;
(5) If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted
in a fatality or a readily apparent serious physical injury as defined in section 565.002, RSMo, and has been
arrested as evidenced by the issuance of a uniform traffic ticket for the violation of any state law or county or
municipal ordinance with the exception of equipment violations contained in chapter 306, RSMo, or similar
provisions contained in county or municipal ordinances; or
(6) If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted
in a fatality. The test shall be administered at the direction of the law enforcement officer whenever the person
has been arrested or stopped for any reason.
2. The implied consent to submit to the chemical tests listed in subsection 1 of this section shall be limited to not
more than two such tests arising from the same arrest, incident or charge.
3. Chemical analysis of the person’s breath, blood, saliva, or urine to be considered valid pursuant to the
provision of sections 577.020 to 577.041 shall be performed according to methods approved by the state
department of health and senior services by licensed medical personnel or by a person possessing a valid
permit issued by the state department of health and senior services for this purpose.
4. The state department of health and senior services shall approve satisfactory techniques, devices, equipment,
or methods to be considered valid pursuant to the provisions of sections 577.020 to 577.041 and shall establish
standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits
which shall be subject to termination or revocation by the state department of health and senior services.
5. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified
person at the choosing and expense of the person to be tested, administer a test in addition to any administered
at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall
not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer.
6. Upon the request of the person who is tested, full information concerning the test shall be made available to
such person.
7. Any person given a chemical test of the person’s breath pursuant to subsection 1 of this section or a field
sobriety test may be videotaped during any such test at the direction of the law enforcement officer. Any such
video recording made during the chemical test pursuant to this subsection or a field sobriety test shall be
admissible as evidence at eitherany trial of such person for either a violation of any state law or county or
municipal ordinance, or any license revocation or suspension proceeding pursuant to the provisions of chapter
302, RSMo.
www.DUIHotlineNetwork.com
Jefferson City, Missouri 65101
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The www.DUIHotlineNetwork.com offices are located in Jefferson City, Missouri, and represents people living or driving in Missouri, including the cities of Jefferson City, St. Louis, Kansas City, and Branson, Missouri and all outlying areas. The www.DUIHotlineNetwork.com also represents clients from any state, who were charged with criminal charges in Missouri.
