DWI / BAC
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:
- 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;
- 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
- 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 us today at (573) 710-4716 to schedule your
free consultation and case review. Let us work for you.