Definitions, as defined in Missouri Statute: 577.001 RSMo. (1) "drive", "driving", "operates" or "operating" means physically driving or operating a motor vehicle. (2) As used in this chapter, a person is in an "intoxicated condition" when he is under the influence of alcohol, a controlled substance, or drug, or a combination thereof.
Missouri Revised Statute 577.010 is the core DWI/DUI Statute in Missouri. This is the Statute describing the required elements of the offense, as well as the penalties. It is applicable in all Counties in the State of Missouri.
577.010 RSMo.: Driving While Intoxicated: A person commits the crime of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged condition. It is very important for the reader to note that the Statute is not limited to alcohol, and "drugged", can include drugs taken under prescription.
577.012 RSMo.: Driving with excessive blood alcohol content: A person commits the crime of "driving with excessive blood alcohol content" if such person operates a motor vehicle in this state with .08 of one percent or more by weight of alcohol in such person's blood. This offense, also known as BAC, is commonly thought of as a lesser offense than DWI. Due to changes in the law, however, an amendment of a DWI to a BAC will generally not lessen the impact of a conviction, and therefore other defense tactics must be sought.
PENALTIES FOR VIOLATION:The penalties for violation of the laws relating to DWI/DUI and BAC, normally fall into two categories. First, are the Criminal penalties for violation of the relevant statute, which may be imposed by the Court. These penalties include things like fines, possible jail time, community service and completion of educational programs. The Second type of penalties are civil in nature, and generally come from the Missouri Department of Reveune, Driver's License Bureau, in the form of License suspensions and revocations. For purposes of discussion here, I will focus on the Criminal penalties only. An entire separate page is devoted to to the Civil penalties. (Click on License Suspensions page)
Under 577.010.2 RSMo., Driving while intoxicated, and also 577.012.3 RSMo., Driving with excessive blood alcohol content (BAC), are, for the first offense, a class B misdemeanor. What this means, is that even on a first offense, the range of punishment available to the Court, is up to 6 months in jail and/or fines which vary. Fortunately, however, the maximum is rarely every imposed. The key words are ( up to), meaning the Judge is free to sentence anywhere within this range. The Court may grant complete probation; and in certain situations, the Court may even may even be willing to grant a Suspended Imposition of Sentence (S.I.S.), which under Missouri law, is not a conviction. For this reason it is very important to hire experienced legal counsel. Attorney Steven Groce, has been practicing law in this area, and defending people charged with DWI or DUI violations in Missouri for going on 33 years. An experienced DWI Lawyer is your best defense, and obtaining representation by a DWI Attorney as early as possible after being charged or arrested is the best thing that anyone facing Prosecution can do.
577.023 RSMo. As of August 28th, 2016Link to Penalties under Missouri Statute. This info. is always subject to change, and does change on a regular basis. Readers must review the Missouri Statutes as they currently exist, and stay informed of important changes.(Always Check for recent revisions).
Steven F. Groce, Attorney 417-883-4950
As stated above, it is very important to hire experienced legal counsel. Attorney Steven Groce, has been practicing law in this area, and defending people charged with DWI, DUI and DRUG INTOXICATION violations in Missouri for going on 33 years. An experienced DWI Lawyer is your best defense, and obtaining representation by a DWI Attorney, who has experience in handling Driving While Intoxicated cases, Driving Under the Influence cases, and DRUG INTOXICATION cases, in Missouri, as early as possible after being charged or arrested is the best thing that anyone facing Prosecution can do.
EXPUNGEMENT OF CONVICTION FROM RECORDS
610.130.1 RSMo. : EXPUNGEMENT of Alcohol Related Driving Offenses:One of the most overlooked Statutes dealing with DWI offenses in Missouri Law, is also one of the most important. It is the Missouri Statute dealing with expungement of DWI/ BAC convictions from a person's record. The Statute is limited in use, but where available, it will not only remove (expunge) the conviction from a person's criminal record, but it will also remove it from the person's driving record. The expungement of a conviction can make a huge difference regarding employment, insurance, etc. It can also make a big difference if a future conviction should ever occur. The reader should note that it will be too late to seek expungement of a prior conviction once a second offense is charged. The Statute states, "After a period of not less than ten years, and individual who has pleaded guilty or has been convicted for a first offense alcohol related driving offense which is a misdemeanor or a county or city ordinance violation and which is not a conviction for driving a commercial motor vehicle while under the influence of alcohol and who since such date has not been convicted of any other alcohol related driving offense may apply to the court in which he pled guilty or was sentenced for an order to expunge from all official records all recordations of his arrest, plea, trial or conviction. If the court determines after hearing that that such person has not been convicted of any alcohol related driving offense in the ten years prior to the date of the application for expungement, and has no other alcohol related enforcement contacts as defined in section 302.525 RSMo., during that ten year period, the court shall enter an order of expungement. The effect of such order shall be to restore such person to the status he occupied prior to such arrest, plea or conviction and as if such event had never taken place. ONCE AGAIN: Click on Link for most current rules for Expungement.
Steven F. Groce, Attorney
Offices located in Springfield Missouri. Main Office: 1705 N. Jefferson, Springfield, MO. 65803
South Office: (by appointment only) 1200 E. Woodhurst Drive, Bldg. B, Suite 100, Springfield, MO.65804