Driving with Excessive BAC

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A person commits the crime of "Driving While Intoxicated" (DWI) in violation of section 577.010 by operating a motor vehicle while in an intoxicated or drugged condition. A person is considered in an "intoxicated condition" when he or she is under the influence of alcohol, a controlled substance, or drug, or any combination thereof. If there was eight-hundredths of one percent (.08) or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.

A person commits the crime of "Driving With Excessive Blood Alcohol Content" (BAC) in violation of section 577.012 by operating a motor vehicle with .08 or more by weight.

Any charge alleging a violation of section 577.010 or 577.012 or any county or municipal ordinance prohibiting driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva, or urine performed in accordance with sections 577.020 to 577.041 and rules promulgated thereunder by the state department of health and senior services demonstrate that there was less than eight-hundredths of one percent of alcohol in the defendant's blood unless one or more of the following considerations cause the court to find a dismissal unwarranted:

  1. There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen;
  2. There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; or
  3. There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant.

In Missouri, a first offense DWI / BAC, or a subsequent offense not within five years of a prior alcohol related traffic offense, or where there are not two other similar charges in the past ten years, will be charged as a Class B Misdemeanor. A Class B Misdemeanor carries a potential fine up to $500.00, a jail term not to exceed six months, plus court costs.

Contact Holder Susan Slusher Oxenhandler LLC

The law office of Holder Susan Slusher Oxenhandler LLC offers experience and expertise when defending against DWI/BAC offenses in Missouri. Contact our defense attorneys today at (573) 710-4716 to schedule your free consultation and case review. Let us work for you.