577.010.  Driving while intoxicated — sentencing restrictions. — 1.  A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.

Terms Used In Missouri Laws 577.010

  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020

 2.  The offense of driving while intoxicated is:

 (1)  A class B misdemeanor;

 (2)  A class A misdemeanor if:

 (a)  The defendant is a prior offender; or

 (b)  A person less than seventeen years of age is present in the vehicle;

 (3)  A class E felony if:

 (a)  The defendant is a persistent offender; or

 (b)  While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person;

 (4)  A class D felony if:

 (a)  The defendant is an aggravated offender;

 (b)  While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel; or

 (c)  While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to another person;

 (5)  A class C felony if:

 (a)  The defendant is a chronic offender;

 (b)  While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel; or

 (c)  While driving while intoxicated, the defendant acts with criminal negligence to cause the death of another person;

 (6)  A class B felony if:

 (a)  The defendant is a habitual offender;

 (b)  While driving while intoxicated, the defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency personnel;

 (c)  While driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person not a passenger in the vehicle operated by the defendant, including the death of an individual that results from the defendant’s vehicle leaving a highway, as defined in section 301.010, or the highway’s right-of-way;

 (d)  While driving while intoxicated, the defendant acts with criminal negligence to cause the death of two or more persons; or

 (e)  While driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths of one percent by weight of alcohol in such person’s blood;

 (7)  A class A felony if the defendant has previously been found guilty of an offense under paragraphs (a) to (e) of subdivision (6) of this subsection and is found guilty of a subsequent violation of such paragraphs.

 3.  Notwithstanding the provisions of subsection 2 of this section, a person found guilty of the offense of driving while intoxicated as a first offense shall not be granted a suspended imposition of sentence:

 (1)  Unless such person shall be placed on probation for a minimum of two years; or

 (2)  In a circuit where a DWI court or docket created under section 478.007 or other court-ordered treatment program is available, and where the offense was committed with fifteen-hundredths of one percent or more by weight of alcohol in such person’s blood, unless the individual participates and successfully completes a program under such DWI court or docket or other court-ordered treatment program.

 4.  If a person is found guilty of a second or subsequent offense of driving while intoxicated, the court may order the person to submit to a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day as a condition of probation.

 5.  If a person is not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section:

 (1)  If the individual operated the vehicle with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person’s blood, the required term of imprisonment shall be not less than forty-eight hours;

 (2)  If the individual operated the vehicle with greater than twenty-hundredths of one percent by weight of alcohol in such person’s blood, the required term of imprisonment shall be not less than five days.

 6.  A person found guilty of the offense of driving while intoxicated:

 (1)  As a prior offender, persistent offender, aggravated offender, chronic offender, or habitual offender shall not be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of a term of imprisonment, section 557.011 to the contrary notwithstanding;

 (2)  As a prior offender shall not be granted parole or probation until he or she has served a minimum of ten days imprisonment:

 (a)  Unless as a condition of such parole or probation such person performs at least thirty days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or

 (b)  The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available, and as part of either program, the offender performs at least thirty days of community service under the supervision of the court;

 (3)  As a persistent offender shall not be eligible for parole or probation until he or she has served a minimum of thirty days imprisonment:

 (a)  Unless as a condition of such parole or probation such person performs at least sixty days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or

 (b)  The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available, and as part of either program, the offender performs at least sixty days of community service under the supervision of the court;

 (4)  As an aggravated offender shall not be eligible for parole or probation until he or she has served a minimum of sixty days imprisonment;

 (5)  As a chronic or habitual offender shall not be eligible for parole or probation until he or she has served a minimum of two years imprisonment; and

 (6)  Any probation or parole granted under this subsection may include a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day.