Questions and Answers
What does DWI stand for?
What is considered excessive B.A.C.?
.08 or more
A person is presumed to have consented to a chemical test if they operate a vehicle.
True
A _____ Offender is one with prior intoxication related offenses.
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Leaving the scene of an accident becomes a Class D felony if the accident results in serious injury.
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What is a Class B misdemeanor in terms of B.A.C.?
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A test may be administered to anyone who is unconscious without consent.
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What is a Chronic Offender classified as?
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What penalty does a persistent B.A.C. offender receive?
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What happens to a driver's license if they refuse a chemical test?
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Under 21 drivers can experience a zero tolerance law resulting in a loss of license.
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What class of felony is a habitual B.A.C. offender?
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Under RSMO 577.020, who does it apply to?
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If a DWI arrest occurs only on private property, the implied consent law can still be invoked.
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A person expressing an unequivocal refusal means a test may not be _____ administered.
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Which of the following is not an additional evidence for DWI?
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Study Notes
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.
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Description
Test your knowledge of Missouri's DWI laws with these flashcards. This quiz covers key terms and definitions related to intoxication-related traffic offenses, including penalties for repeated offenses. Perfect for students and legal professionals alike.
