577.010. Driving while intoxicated — sentencing restrictions.
1. A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.
2. The offense of driving while intoxicated is:
- (1) A class B misdemeanor;
- (2) A class A misdemeanor if:
- (a) The defendant is a prior offender; or
- (b) A person less than seventeen years of age is present in the vehicle;
- (3) A class E felony if:
- (a) The defendant is a persistent offender; or
- (b) While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person;
- (4) A class D felony if:
- (a) The defendant is an aggravated offender;
- (b) While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel; or
- (c) While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to another person;
- (5) A class C felony if:
- (a) The defendant is a chronic offender;
- (b) While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel; or
- (c) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of another person;
- (6) A class B felony if:
- (a) The defendant is a habitual offender;
- (b) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency personnel;
- (c) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person not a passenger in the vehicle operated by the defendant, including the death of an individual that results from the defendant’s vehicle leaving a highway, as defined in section 301.010, or the highway’s right-of-way;
- (d) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of two or more persons; or
- (e) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths of one percent by weight of alcohol in such person’s blood;
- (7) A class A felony if the defendant has previously been found guilty of an offense under paragraphs (a) to (e) of subdivision (6) of this subsection and is found guilty of a subsequent violation of such paragraphs.
3. Notwithstanding the provisions of subsection 2 of this section, a person found guilty of the offense of driving while intoxicated as a first offense shall not be granted a suspended imposition of sentence:
- (1) Unless such person shall be placed on probation for a minimum of two years; or
- (2) In a circuit where a DWI court or docket created under section 478.007 or other court-ordered treatment program is available, and where the offense was committed with fifteen-hundredths of one percent or more by weight of alcohol in such person’s blood, unless the individual participates and successfully completes a program under such DWI court or docket or other court-ordered treatment program.
4. If a person is found guilty of a second or subsequent offense of driving while intoxicated, the court may order the person to submit to a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day as a condition of probation.
5. If a person is not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section:
- (1) If the individual operated the vehicle with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person’s blood, the required term of imprisonment shall be not less than forty-eight hours;
- (2) If the individual operated the vehicle with greater than twenty-hundredths of one percent by weight of alcohol in such person’s blood, the required term of imprisonment shall be not less than five days.
6. A person found guilty of the offense of driving while intoxicated:
- (1) As a prior offender, persistent offender, aggravated offender, chronic offender, or habitual offender shall not be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of a term of imprisonment, section 557.011 to the contrary notwithstanding;
- (2) As a prior offender shall not be granted parole or probation until he or she has served a minimum of ten days imprisonment:
- (a) Unless as a condition of such parole or probation such person performs at least thirty days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or
- (b) The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available, and as part of either program, the offender performs at least thirty days of community service under the supervision of the court;
- (3) As a persistent offender shall not be eligible for parole or probation until he or she has served a minimum of thirty days imprisonment:
- (a) Unless as a condition of such parole or probation such person performs at least sixty days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or
- (b) The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available, and as part of either program, the offender performs at least sixty days of community service under the supervision of the court;
- (4) As an aggravated offender shall not be eligible for parole or probation until he or she has served a minimum of sixty days imprisonment;
- (5) As a chronic or habitual offender shall not be eligible for parole or probation until he or she has served a minimum of two years imprisonment; and
- (6) Any probation or parole granted under this subsection may include a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day.
