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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 577

Effective - 28 Aug 2010, 4 histories, see footnote (history) bottom

  *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.


---- end of effective   28 Aug 2010 ----

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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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