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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1579
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (15).
6665S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 577.010, RSMo, and to enact in lieu thereof one new section relating to driving
while intoxicated, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 577.010, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 577.010, 2
to read as follows:3
577.010. 1. A person commits the offense of driving 1
while intoxicated if he or she operates a vehicle while in 2
an intoxicated condition. 3
2. The offense of driving while intoxicated is: 4
(1) A class B misdemeanor; 5
(2) A class A misdemeanor if: 6
(a) The defendant is a prior offender; or 7
(b) A person less than seventeen years of age is 8
present in the vehicle; 9
(3) A class E felony if[: 10
(a)] the defendant is a persistent offender; [or 11
(b) While driving while intoxicated, the defendant 12
acts with criminal negligence to cause physical injury to 13
another person;] 14
(4) A class D felony if: 15
(a) The defendant is an aggravated offender; or 16
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(b) While driving while intoxicated, the defendant 17
acts with criminal negligence to cause physical injury to [a 18
law enforcement officer or emergency personnel] another 19
person; [or 20
(c) While driving while intoxicated, the defendant 21
acts with criminal negligence to cause serious physical 22
injury to another person;] 23
(5) A class C felony if: 24
(a) The defendant is a chronic offender; or 25
(b) While driving while intoxicated, the defendant 26
acts with criminal negligence to cause serious physical 27
injury to [a law enforcement officer or emergency personnel] 28
another person; [or 29
(c) While driving while intoxicated, the defendant 30
acts with criminal negligence to cause the death of another 31
person;] 32
(6) A class B felony if: 33
(a) The defendant is a habitual offender; or 34
(b) While driving while intoxicated, the defendant 35
acts with criminal negligence to cause the death of [a law 36
enforcement officer or emergency personnel] another person; 37
[(c) While driving while intoxicated, the defendant 38
acts with criminal negligence to cause the death of any 39
person not a passenger in the vehicle operated by the 40
defendant, including the death of an individual that results 41
from the defendant's vehicle leaving a highway, as defined 42
in section 301.010, or the highway's right-of-way; 43
(d) While driving while intoxicated, the defendant 44
acts with criminal negligence to cause the death of two or 45
more persons; or 46
(e) While driving while intoxicated, the defendant 47
acts with criminal negligence to cause the death of any 48
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person while he or she has a blood alcohol content of at 49
least eighteen-hundredths of one percent by weight of 50
alcohol in such person's blood;] 51
(7) A class A felony if: 52
(a) While driving while intoxicated, the defendant 53
acts with criminal negligence to cause the death of two or 54
more persons; 55
(b) While driving while intoxicated, the defendant 56
acts with criminal negligence to cause the death of any 57
person while the defendant has a blood alcohol content of at 58
least fifteen-hundredths of one percent by weight of 59
alcohol; or 60
(c) The defendant has previously been found guilty of 61
an offense under [paragraphs] paragraph (a) [to (e)] or (b) 62
of subdivision (6) of this subsection and is found guilty of 63
a subsequent violation of [such paragraphs] this section. 64
3. Notwithstanding the provisions of subsection 2 of 65
this section, a person found guilty of the offense of 66
driving while intoxicated as a first offense shall not be 67
granted a suspended imposition of sentence: 68
(1) Unless such person shall be placed on probation 69
for a minimum of two years; or 70
(2) In a circuit where a DWI court or docket created 71
under section 478.007 or other court-ordered treatment 72
program is available, and where the offense was committed 73
with fifteen-hundredths of one percent or more by weight of 74
alcohol in such person's blood, unless the individual 75
participates and successfully completes a program under such 76
DWI court or docket or other court-ordered treatment program. 77
4. If a person is found guilty of a second or 78
subsequent offense of driving while intoxicated, the court 79
may order the person to submit to a period of continuous 80
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alcohol monitoring or verifiable breath alcohol testing 81
performed a minimum of four times per day as a condition of 82
probation. 83
5. If a person is not granted a suspended imposition 84
of sentence for the reasons described in subsection 3 of 85
this section: 86
(1) If the individual operated the vehicle with 87
fifteen-hundredths to twenty-hundredths of one percent by 88
weight of alcohol in such person's blood, the required term 89
of imprisonment shall be not less than forty-eight hours; 90
(2) If the individual operated the vehicle with 91
greater than twenty-hundredths of one percent by weight of 92
alcohol in such person's blood, the required term of 93
imprisonment shall be not less than five days. 94
6. A person found guilty of the offense of driving 95
while intoxicated: 96
(1) As a prior offender, persistent offender, 97
aggravated offender, chronic offender, or habitual offender 98
shall not be granted a suspended imposition of sentence or 99
be sentenced to pay a fine in lieu of a term of 100
imprisonment, section 557.011 to the contrary 101
notwithstanding; 102
(2) As a prior offender shall not be granted parole or 103
probation until he or she has served a minimum of ten days 104
imprisonment: 105
(a) Unless as a condition of such parole or probation 106
such person performs at least thirty days of community 107
service under the supervision of the court in those 108
jurisdictions which have a recognized program for community 109
service; or 110
(b) The offender participates in and successfully 111
completes a program established under section 478.007 or 112
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other court-ordered treatment program, if available, and as 113
part of either program, the offender performs at least 114
thirty days of community service under the supervision of 115
the court; 116
(3) As a persistent offender shall not be eligible for 117
parole or probation until he or she has served a minimum of 118
thirty days imprisonment: 119
(a) Unless as a condition of such parole or probation 120
such person performs at least sixty days of community 121
service under the supervision of the court in those 122
jurisdictions which have a recognized program for community 123
service; or 124
(b) The offender participates in and successfully 125
completes a program established under section 478.007 or 126
other court-ordered treatment program, if available, and as 127
part of either program, the offender performs at least sixty 128
days of community service under the supervision of the court; 129
(4) As an aggravated offender shall not be eligible 130
for parole or probation until he or she has served a minimum 131
of sixty days imprisonment; and 132
(5) As a chronic or habitual offender shall not be 133
eligible for parole or probation until he or she has served 134
a minimum of two years imprisonment[; and]. 135
[(6)] 7. Any probation or parole granted under [this] 136
subsection 6 of this section may include a period of 137
continuous alcohol monitoring or verifiable breath alcohol 138
testing performed a minimum of four times per day. 139
8. Notwithstanding any other provision of law to the 140
contrary, an offender found guilty under paragraph (b) of 141
subdivision (6) of subsection 2 of this section shall not be 142
eligible for parole or probation until he or she has served 143
a minimum of five years imprisonment. 144
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9. Notwithstanding any other provision of law to the 145
contrary, an offender found guilty under subdivision (7) of 146
subsection 2 of this section shall not be eligible for 147
parole or probation until he or she has served a minimum of 148
ten years' imprisonment. 149
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