{"data":{"id":"us-mo/mo.-rev.-stat.-577.010","jurisdiction":"us-mo","citation":"Mo. Rev. Stat. § 577.010","heading":"Driving while intoxicated — sentencing restrictions.","body":"1. A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.\n2. The offense of driving while intoxicated is:\n(1) A class B misdemeanor;\n(2) A class A misdemeanor if:\n(a) The defendant is a prior offender; or\n(b) A person less than seventeen years of age is present in the vehicle;\n(3) A class E felony if the defendant is a persistent offender;\n(4) A class D felony if:\n(a) The defendant is an aggravated offender; or\n(b) While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person;\n(5) A class C felony if:\n(a) The defendant is a chronic offender; or\n(b) While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to another person;\n(6) A class B felony if:\n(a) The defendant is a habitual offender; or\n(b) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of another person;\n(7) A class A felony if:\n(a) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person;\n(b) The defendant has previously been found guilty of an offense under paragraph (a) or (b) of subdivision (6) of this subsection and is found guilty of a subsequent violation of this section.\n3. 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:\n(1) Unless such person shall be placed on probation for a minimum of two years; or\n(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.\n4. 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.\n5. If a person is not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section:\n(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;\n(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.\n6. A person found guilty of the offense of driving while intoxicated:\n(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;\n(2) As a prior offender shall not be granted parole or probation until he or she has served a minimum of ten days imprisonment:\n(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\n(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;\n(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:\n(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\n(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;\n(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; and\n(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.\n7. Any probation or parole granted under subsection 6 of this section may include a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day.\n8. Notwithstanding any other provision of law to the contrary, an offender found guilty under paragraph (b) of subdivision (6) of subsection 2 of this section shall not be eligible for parole or probation until he or she has served a minimum of five years' imprisonment.\n9. Notwithstanding any other provision of law, an offender found guilty under subdivision (7) of subsection 2 of this section shall not be eligible for parole or probation until he or she has served a minimum of ten years' imprisonment.","path":["Title XXXVIII - CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS","Chapter 577 - Public Safety Offenses"],"source_url":"https://revisor.mo.gov/main/OneSection.aspx?section=577.010","current_through":"2026 legislative session (floor)","vintage":"","retrieved_at":"2026-09-03T22:23:29Z","sha256":"630c3b5ae55d531f5a3f76ee472e35d81a55f644aa3c73d8d495da6bad95f0f7","source_id":"us-mo","stale":false,"prev":"us-mo/mo.-rev.-stat.-577.001","next":"us-mo/mo.-rev.-stat.-577.012"},"notice":"GroundRules: Original legal text. Not legal advice."}