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Old 10-07-2009, 10:22 PM   #31
banyon banyon is offline
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Join Date: Aug 2005
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This appears to be the aplicable statute though:

Missouri DWI Statute
Chapter 577 PUBLIC SAFETY OFFENSES

577.010. Driving while intoxicated.

1. A person commits the crime of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged condition.

2. Driving while intoxicated is for the first offense, a class B
misdemeanor. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of
sentence for such offense, unless such person shall be placed on probation for a minimum of two years.

(L. 1977 S.B. 60, A.L. 1982 S.B. 513)

(1986) Probable cause that a person had been "driving" under these sections was found even though the machine stands motionless, where such person is found unconscious behind the wheel with the motor running and thetransmission in "drive". Dalton v. McNeill, 713 S.W.2d 26 (Mo.App.W.D.).

(1996) It is not double jeopardy to be guilty of DWI in violation of this section and to suspend driving privileges pursuant to sections 302.500, et seq. State v. Mayo, 915 S.W.2d 758 (Mo.banc).


577.012. Driving with excessive blood alcohol content.
Transferred 1978; formerly 564.439

1. A person commits the crime of "driving with excessive blood alcohol content" if such person operates a motor vehicle in this state with eight-hundredths of one percent or more by weight of alcohol in such person's blood.

2. As used in this section, percent by weight of alcohol in the blood
shall be based upon grams of alcohol per one hundred milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person's blood under this section, the test shall be conducted in accordance with the provisions of sections
577.020 to 577.041.

3. For the first offense, driving with excessive blood alcohol content is a class B misdemeanor.

(L. 1975 S.B. 32, A.L. 1982 S.B. 513, A.L. 1996 H.B. 1169 & 1271 merged
with S.B. 722, A.L. 2001 H.B. 302 & 38)

Effective 9-29-01

(1986) Probable cause that a person had been "driving" under these sections was found even though the machine stands motionless, where such person is found unconscious behind the wheel with the motor running and the transmission in "drive". Dalton v. McNeill, 713 S.W.2d 26 (Mo.App.W.D.)
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