DWI Missouri Statute Flashcards

DWI and DUI Definitions

• DWI (Driving While Intoxicated) is an intoxication-related traffic offense.
• Excessive B.A.C. (Blood Alcohol Concentration) indicates alcohol impairment, with a level of 0.08 or higher presumptively intoxicated.
• DUI (Driving Under the Influence) refers to operating a vehicle while impaired by substances.
• Operating a vehicle while intoxicated that leads to injury or death is a severe charge.

Offender Classifications

• Habitual Offender: Defined as five or more intoxication-related offenses, or prior offenses involving injury or death. Must serve 85% of the sentence.
• Chronic Offender: Four or more intoxication-related offenses, or three where at least one involved injury or death.
• Aggravated Offender: Three or more intoxication-related offenses, with at least two resulting in injury or death.
• Persistent Offender: Two or more intoxication-related offenses on separate occasions.
• Prior Offender: One intoxicated offense within five years.

DWI Felony Classes

• Class B Misdemeanor: First-time DWI offense.
• Class A Misdemeanor: Prior offense or presence of a minor under 17 years in the vehicle.
• Class E Felony: Persistent offender status or criminal negligence causing physical injury.
• Class D Felony: Aggravated offender or criminal negligence leading to injury of law enforcement or emergency personnel.
• Class C Felony: Chronic offender or criminal negligence causing serious injury or death.
• Class B Felony: Habitual offender status or criminal negligence causing multiple deaths or death to law enforcement personnel with excessive B.A.C.
• Class A Felony: Subsequent Class B felony DWI after a previous conviction.

DWI Testing and Consent

• DWI charges can be dismissed with prejudice if B.A.C. is below 0.08, unless additional evidence suggests otherwise.
• Refusal to submit to a breath test can lead to revocation of the driver's license.
• Drivers are presumed to consent to chemical testing upon operating a vehicle.
• Officers can administer tests to deceased or incapacitated individuals.

Penalties and License Implications

• Underage drivers (under 21) with a B.A.C. of 0.02 or more face license suspension under Zero Tolerance Law.
• First-time excessive B.A.C. penalties include a 30-day suspension followed by a 60-day restriction.
• Subsequent excessive B.A.C. offenses within five years result in a one-year revocation, requiring proof of financial responsibility and passing a driver’s exam.

Leaving the Scene of an Accident

• It is a Class A misdemeanor to leave the scene of an accident without providing identification when injuries or damages occurred.
• When injury results from leaving the scene, it escalates to a Class E felony, and a Class D felony if it results in death.

Law Enforcement Protocol

• Officers must arrest individuals suspected of DWI/DUI within one and a half hours unless specific conditions apply.
• An express refusal to take a test results in the immediate revocation of driving privileges.
• D.O.R. may revoke or deny licenses for up to one year based on prior offenses or violations.
• Alcoholic content testing must be conducted by officers with valid permits issued by the state.

Misconceptions and Clarifications

• It is incorrect to assume operating under a B.A.C. of 0.08% or 0.02% for minors is a criminal offense; it is administrative.
• The implied consent law does not apply on private property, but officers can request voluntary testing.
• Contesting implied consent issues must occur in court.

Other Relevant Laws

• RSMO 577.020 covers regulations regarding breath testing and the rights of arrested individuals.
• Zero Tolerance Law enforces strict penalties for underage drinking and driving offenses.
• The "Automatic Administrative Suspension or Revocation" law aims to address DWI incidents effectively without full court proceedings.