Missouri Revised Statutes

Mo. Rev. Stat. § 577.010 (2026)

Driving while intoxicated

✓ current as of May 2026

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577.010. Driving while intoxicated — sentencing restrictions. — 1. A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.

2. The offense of driving while intoxicated is:

(1) A class B misdemeanor;

(2) A class A misdemeanor if:

(a) The defendant is a prior offender; or

(b) A person less than seventeen years of age is present in the vehicle;

(3) A class E felony if:

(a) The defendant is a persistent offender; or

(b) While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person;

(4) A class D felony if:

(a) The defendant is an aggravated offender;

(b) While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel; or

(c) While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to another person;

(5) A class C felony if:

(a) The defendant is a chronic offender;

(b) While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel; or

(6) A class B felony if:

(a) The defendant is a habitual offender;

(b) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency personnel;

(c) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person not a passenger in the vehicle operated by the defendant, including the death of an individual that results from the defendant's vehicle leaving a highway, as defined in section 301.010, or the highway's right-of-way;

(d) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of two or more persons; or

(e) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths of one percent by weight of alcohol in such person's blood;

(7) A class A felony if the defendant has previously been found guilty of an offense under paragraphs (a) to (e) of subdivision (6) of this subsection and is found guilty of a subsequent violation of such paragraphs.

3. 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:

(1) Unless such person shall be placed on probation for a minimum of two years; or

(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.

4. 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.

5. If a person is not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section:

(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;

(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.

6. A person found guilty of the offense of driving while intoxicated:

(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;

(2) As a prior offender shall not be granted parole or probation until he or she has served a minimum of ten days imprisonment:

(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

(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;

(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:

(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

(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;

(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;

(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; and

(6) Any probation or parole granted under this subsection may include a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day.

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(L. 1977 S.B. 60, A.L. 1982 S.B. 513, A.L. 2010 H.B. 1695, et al., A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371, A.L. 2015 S.B. 254, A.L. 2016 H.B. 2332, A.L. 2017 S.B. 34)

(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.).

(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).

Notes of Decisions

Cited in 833 cases (40 in the last 5 years), 1980–2025 · leading case: Gittemeier v. State, 527 S.W.3d 64 (Mo. 2017).

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Gittemeier v. State, 527 S.W.3d 64 (Mo. 2017). · cites it 12× “Gittemeier was charged and convicted of one count of felony driving while intoxicated, section 577.010, 1 and one count of misdemeanor trespass in the first degree, section 569.”

State v. Madorie, 156 S.W.3d 351 (Mo. 2005). · cites it 11× “Madorie (“Appellant”) was convicted of driving while intoxicated in violation of section 577.010, RSMo 2000. 1 He appeals, arguing that his extrajudicial statements should not have been admitted in that the State failed to establish sufficient proof of the corpus delicti of the…”

State v. Severe, 307 S.W.3d 640 (Mo. 2010). · cites it 12× “Because the state did show that Severe had a conviction for DWI in Gentry County, she could have been sentenced to a Class A misdemeanor under section 577.”

Baldwin v. Dir. of Revenue, 38 S.W.3d 401 (Mo. 2001). · cites it 18× “In 1996, the General Assembly amended the statute, replacing the period at the end of the original statute with a comma and adding: or where such person was less than twenty-one years of age when stopped and was stopped upon probable cause to believe such person was driving…”

State v. Mejia, 466 P.3d 1217 (Kan. Ct. App. 2020). · cites it 20× “The relevant Missouri statute, Mo. Rev. Stat. § 577.010 , is similar to K.”

State v. Slavens, 375 S.W.3d 915 (Mo. Ct. App. 2012). · cites it 26× “John David Slavens (“Slavens”) appeals his conviction by the trial court for one count of the class B misdemeanor of driving while intoxicated (“DWI”), a violation of section 577.010. 1 In his sole point relied on, Slavens argues the trial court erred in convicting him of DWI…”

Collins v. Dir. of Revenue, 691 S.W.2d 246 (Mo. 1985). · cites it 8× “In the verified report, the arresting officer is to forward a copy of the breathalyzer test results and state his or her "grounds for belief that the person violated section 577.010, [driving while intoxicated] or 577.”

State v. O'Toole, 673 S.W.2d 25 (Mo. 1984). · cites it 15× “William O’Toole was charged with driving while intoxicated in violation of section 577.010, RSMo 1982. The associate circuit court overruled defendant’s motion to dismiss for lack of jurisdiction and found him guilty.”

Munson v. Dir. of Revenue, 783 S.W.2d 912 (Mo. 1990). · cites it 20× “twice within a five-year period of violating the provisions of section 577.010, RSMo. The director shall not issue a license to such person for five years from the date such person was convicted for violating the provisions of section 577.”

State v. Patton, 503 P.3d 1022 (Kan. 2022). · cites it 5× “The elements of the Missouri driving while intoxicated (DWI) statute, Mo. Rev. Stat. § 577.010 , are broader than the elements of K.”

Hinnah v. Dir. of Revenue, 77 S.W.3d 616 (Mo. 2002). · cites it 4× “060, RSMo, or section 577.010 or 577.012.... In this event, the officer shall, on behalf of the director of revenue, serve the notice of license revocation personally upon the person and shall take possession of any license to operate a motor vehicle issued by this state which…”

State v. Litterell, 800 S.W.2d 7 (Mo. Ct. App. 1990). · cites it 15× “The defendant Litterell was convicted of driving while intoxicated in violation of § 577.010, RSMo 1986, and was sentenced to 30 days in the county jail and a fine of $300.”

Show all 833 citing cases →

— Mo. Rev. Stat. § 577.010(1) — 4 cases

State v. Thurston, 84 S.W.3d 536 (Mo. Ct. App. 2002).

State v. Clark, 723 S.W.2d 17 (Mo. Ct. App. 1986).

Arnold v. Dir. of Dep't of Revenue, 593 S.W.2d 624 (Mo. Ct. App. 1980).

State v. Hellweg, 207 S.W.3d 237 (Mo. Ct. App. 2006).

— Mo. Rev. Stat. § 577.010(2) — 1 case

State v. Petterson, 780 S.W.2d 675 (Mo. Ct. App. 1989).

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