§ 577.012 RSMo – Missouri Excessive BAC DWI Laws & Penalties

Posted by Christopher Combs on July 22, 2025

577.012. Driving with excessive blood alcohol content — sentencing restrictions.

You can be charged for driving if your BAC is too high

If your blood alcohol content (BAC) is 0.08% or higher, or 0.04% for commercial drivers, you can be charged with this crime in Missouri. Penalties increase with repeat offenses or higher BAC levels.

1. A person commits this offense by operating:

(1) A vehicle with 0.08% or more alcohol in their blood; or
(2) A commercial vehicle with 0.04% or more alcohol in their blood.

2. Blood alcohol percentage is based on grams of alcohol per 100 ml of blood or 210 liters of breath, using blood, breath, saliva, or urine tests done under Missouri’s rules.

3. The penalties are:

(1) Class B misdemeanor
(2) Class A misdemeanor for a prior offender
(3) Class E felony for a persistent offender
(4) Class D felony for an aggravated offender
(5) Class C felony for a chronic offender
(6) Class B felony for a habitual offender

4. First-time offenders cannot get a suspended sentence:

(1) Unless placed on probation for at least two years; or
(2) Unless they complete a treatment program if their BAC was 0.15% or higher and such a program is available.

5. If the first-time offender isn’t given a suspended sentence:

(1) With a BAC of 0.15% to 0.20%, jail time must be at least 48 hours.
(2) With a BAC over 0.20%, jail time must be at least 5 days.

6. For second or later offenses, the court may require:

Continuous alcohol monitoring or breath testing at least 4 times a day during probation.

7. Sentencing limits for repeat or serious offenders:

(1) Prior, persistent, aggravated, chronic, or habitual offenders can’t get a suspended sentence or pay a fine instead of jail.
(2) Prior offenders must serve at least 10 days in jail unless:
- (a) They do 30 days of supervised community service; or
- (b) They complete a treatment program and 30 days of supervised community service.
(3) Persistent offenders must serve at least 30 days in jail unless:
- (a) They do 60 days of supervised community service; or
- (b) They complete a treatment program and 60 days of supervised community service.
(4) Aggravated offenders must serve at least 60 days in jail.
(5) Chronic or habitual offenders must serve at least 2 years in prison.
(6) Probation or parole may also include alcohol monitoring or breath testing 4 times a day.