Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
< > Effective - 28 Aug 2010, 4 histories, see footnote (history)*577.010. Until December 31, 2016 — Driving while intoxicated — sentencing restrictions, Jackson County and certain judicial circuits. — 1. A person commits the crime of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged condition.
2. Driving while intoxicated is for the first offense, a class B misdemeanor. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence for such offense, unless such person shall be placed on probation for a minimum of two years.
3. Notwithstanding the provisions of subsection 2 of this section, in a circuit where a DWI court or docket created under section 478.007 or other court-ordered treatment program is available, no person who operated a motor vehicle with fifteen-hundredths of one percent or more by weight of alcohol in such person's blood shall be granted a suspended imposition of sentence 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 not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section for such first offense:
(1) If the individual operated the motor 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 motor 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.
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(L. 1977 S.B. 60, A.L. 1982 S.B. 513, A.L. 2010 H.B. 1695, et al.)
*This section was amended by H.B. 2332, 2016, as well as S.B. 254, 2015, effective 1-01-17. Due to the delayed effective date, both versions of this section are printed here.
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Effective | End | |||
577.010 | 8/28/2017 | |||
577.010 | 1/1/2017 | 8/28/2016 | ||
577.010 | 8/28/2016 | 8/28/2017 | ||
577.010 | 8/28/2010 | 1/1/2017 |
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