In the state of Missouri, when someone is stopped or arrested for probably cause that they were driving a vehicle while under the influence of alcohol or drugs, it is an offense that is punishable by law. Missouri law governs the arrest and suspension or revocation of the driving privilege:
Criminal Law
For anyone who is convicted of an alcohol offense, the course will send a copy of the conviction to the department and the points will be assessed on their driving record. The points will be assessed and the driver’s privilege may be suspended or revoked.
Administrative Law
This law imposes a separate suspension or revocation of the driving privilege if the offender has a blood alcohol content of over the legal limit or if the offender refused the BAC test(s). This will result in an automatic suspension or revocation, even if the ticket was disposed of in court or reduced to a lesser charge.
Missouri DUI – statute(s)
- A.M.S. 577.010.
Missouri DUI – standard
- Prior to January 1, 2017, “[a] person commits the crime of ‘driving while intoxicated’ if he operates a motor vehicle while in an intoxicated or drugged condition.” V.A.M.S. 577.010(1).
- After January 1, 2017, “[a] person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.” 2016 Missouri Laws Chapter 87.
Missouri DUI – applicable substances
- Both before and after January 1, 2017, a person is in an “intoxicated condition” when “he is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.” V.A.M.S. 577.001(3).
Missouri DUI – affirmative defense
Missouri Per se – statute(s)
Missouri Per se – standard
- N/A
Missouri Per se – applicable substances
- N/A
Missouri Per se – affirmative defense(s)
- N/A Implied consent – applicable drivers
- Any person who operates a vehicle upon the public highways of Missouri. V.A.M.S. 577.020(1).
Missouri DUI Implied consent – tests authorized
- Chemical test or tests of the person’s breath, blood, saliva or urine, but the consent is limited to no more than “two such tests arising from the same stop, detention, arrest, incident or charge.” V.A.M.S. 577.020(1), (2).
Missouri DUI Implied consent – basis for test
- The driver must be arrested for any offense arising out of acts which the LEO “had reasonable grounds to believe” were committed while operating a vehicle in an intoxicated condition. V.A.M.S. 577.020(1)(1).
- Alternatively, test can be requested if driver was involved in accident that resulted in the death or “a readily apparent serious physical injury” of another. V.A.M.S. 577.020(1)(6).
- Implied consent – evidence of refusal
- Evidence of a refusal is admissible in any proceeding related to the acts resulting in the detention, stop, or arrest. V.A.M.S. 577.041(1).
- Implied consent – administrative / civil penalty for refusal
- Prior to January 1, 2017, the driver is subject to up to a one-year license revocation. The driver may be eligible for a hardship, restricted license. V.A.M.S. 577.041(3).
