When you sign for your driver’s license, you give what is known as “implied consent” to having your breath, blood, or urine tested, if you are pulled over on suspicion of DUI. The following statutes define Missouri law.

According to Missouri law Definitions, as defined in Missouri Statute: 577.001 RSMo. (1) “drive”, “driving”, “operates” or “operating” means physically driving or operating a motor vehicle. (2) As used in this chapter, a person is in an “intoxicated condition” when he/she is under the influence of alcohol, a controlled substance, or drug, or a combination thereof.

Missouri Revised Statute 577.010. This is the Statute describing the required elements of the offense, as well as the penalties. It is applicable in all Counties in the State of Missouri.

577.010 RSMo.: Driving while intoxicated: A person commits the crime of “driving while intoxicated” if he operates a motor vehicle while in an intoxicated or drugged condition. It is very important for the reader to note that the Statute is not limited to alcohol, and “drugges”, can include drugs taken under prescription.

577.012 RSMo.: Driving with excessive blood alcohol content: A person commits the crime of “driving with excessive blood alcohol content” if such person operates a motor vehicle in this state with .08 of one percent or more by weight of alcohol in such person’s blood. This offense, also known as BAC, is commonly thought of as a lesser offense than DWI. Due to changes in the law, however, an amendment of a DWI to a BAC will generally not lessen the impact of a conviction, and therefore other defense tactics must be sought.

A urine, breath, or blood test measures your blood alcohol concentration (BAC). Illegal limits are:

  • § 0.08% and above for most drivers
  • § 0.04% for commercial driver license (CDL) holders
  • § 0.02% and above for those younger than 21 and those on probation for a DUI

If the officer suspects you’re on drugs, you’ll have to take a blood or urine test.