In Missouri, a person is guilty of DWI if he or she operates a motor vehicle while in an intoxicated or drugged condition. Mo. Ann. Stat. § 577.010(1) (West 2010). A person is in an “intoxicated condition” when he is under the influence of alcohol, a controlled substance, or drug, or any combination thereof. Id. § 577.010(3).
Implied Consent
- Any person who operates a motor vehicle upon the public highways of Missouri shall be deemed to have given consent to chemical tests of the person’s breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person’s blood. Id. § 577.020(1).
- If a person when requested to submit to any test requests to speak to an attorney, the person shall be granted twenty minutes in which to attempt to contact an attorney. Id. § 577.041(1). The right is only triggered if person requests to speak to attorney. Id.
- If accused refuses upon the request of the officer to submit to any test, then none shall be given and evidence of the refusal shall be admissible in a DUI prosecution. Id. § 577.041(1).
- Refusal will result in license suspension for one year. Id. § 577.041(3).
- The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer. Id. § 577.020(5).
Penalties
- First Offense Class B misdemeanor – imprisonment term not to exceed 6 months; offender required to participate in and successfully complete a substance abuse traffic offender program; 30 days mandatory license suspension. Id. § 577.010(2); Id. 558.011(1)(6); Id §577.049(1).
- Second Offense (within 5 years) class A misdemeanor – imprisonment term not to exceed 1 year; 5 days mandatory minimum imprisonment; 30 days community service; fine of not more than $1,000; two year mandatory license suspension Id. § 577.023(2); Id. § 577.023(1)(6); Id. § 558.011(1)(5).
- Third Offense Class D felony – imprisonment for a mandatory 5 days, but not to exceed 4 years; 60 days community service; fine of up to $5,000; license revocation for at least three years. Id. § 577.023(1)(5)(a); Id. § 577.023(3); Id. § 558.011(1)(4).
- Fourth Offense Class C felony – imprisonment for a mandatory 60 days, but not more than 7 years; fine of up to $5,000; license revocation for at least three years. Id. § 558.011(1)(3).
- Fifth Offense Class B felony – imprisonment term not less than 5 years, and not to exceed 15 years; license revocation for at least three years. Id. § 558.011(1)(2).
Sobriety Checkpoints
In Missouri, law enforcement officials are entitled to conduct sobriety checkpoints under both the state and federal Constitutions.
- State v. Canton, 775 S.W.2d 352 (1989) requires written procedures for checkpoints.
- Attempt to avoid a checkpoint by making a U-turn after sign announcing sobriety checkpoint produced probable cause for stop. Oughton v. Director of Revenue, 916 S.W.2d 462 (1996).
- Police may use a deceptive “drug checkpoint,” from which vehicles will turn amounting to “individualized suspicion” thereby allowing for a stop. Missouri v. Mack, 2002 Lexis 12 (Mo. 2002).