577.012. Driving with excessive blood alcohol content. - Missouri Statutes

Driving with excessive blood alcohol content.

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

2. As used in this section, percent by weight of alcohol in the bloodshall be based upon grams of alcohol per one hundred milliliters of bloodor two hundred ten liters of breath and may be shown by chemical analysisof the person's blood, breath, saliva or urine. For the purposes ofdetermining the alcoholic content of a person's blood under this section,the test shall be conducted in accordance with the provisions of sections577.020 to 577.041.

3. For the first offense, driving with excessive blood alcoholcontent 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

*Transferred 1978; formerly 564.439

(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.)