Section 577.010 - Driving while intoxicated - sentencing restrictions1. 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(c) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of another person;(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.Amended by 2017 Mo. Laws, SB 34,s A, eff. 8/28/2017.Amended by 2016 Mo. Laws, HB 2332,s A, eff. 8/28/2016.Amended by 2016 Mo. Laws, HB 2332,s A, eff. 8/28/2016.Amended by 2015 Mo. Laws, SB 254,s A, eff. 1/1/2017.L. 1977 S.B. 60, A.L. 1982 S.B. 513, A.L. 2010H.B. 1695, et al.