Third offense
Impairment-based statute only
No cannabis-specific drugged driving law
Enhanced penalties
0.15
Five years
Does not meet Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
Habitual Offender Law enacted
151-250 DREs
21-25 DUI Courts
31-40 Hybrid Courts
No cannabis open container law
Decriminalized
Blood, urine, and saliva
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
No low BAC provisions
none
Mandatory repeat offender
Legislation
Cannabis
Judicial license suspension/revocation
Distinctive License & No Seizure Law
Utilizes No Refusal program
Oral fluid testing authorized
577.020 - Learn More
Any person who operates a vehicle upon the public highways of this state, a vessel, or any aircraft, or acts as a flight crew member of an aircraft shall be deemed to have given consent, subject to the provisions of sections 577.019 to 577.041, to a chemical test or tests of the person's breath, blood, saliva, or urine for the purpose of determining the alcohol or drug content of the person's blood.
Yes
Yes
Yes
Saliva
Yes
Breath
577.010(3) - Learn More
Missouri law stipulates a person is guilty of DWI if he or she operates a motor vehicle while in an intoxicated or drugged condition. A person is in an intoxicated condition when he or she is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.
577.010(3) - Learn More
Missouri law stipulates a person is guilty of DWI if he or she operates a motor vehicle while in an intoxicated or drugged condition. A person is in an intoxicated condition when he or she is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.
302.574 Learn More
If a person who was operating a vehicle refuses upon the request of the officer to submit to any chemical test under section 577.041, the officer shall, on behalf of the director of revenue, serve the notice of license revocation personally upon the person and shall take possession of any license to operate a vehicle issued by this state which is held by that person. The officer shall issue a temporary permit, on behalf of the director of revenue, which is valid for 15 days and shall also give the person notice of his or her right to file a petition for review to contest the license revocation.
Upon receipt of the officer's report, the director shall revoke the license of the person refusing to take the test for a period of one year; or if the person is a nonresident, such person's operating permit or privilege shall be revoked for one year; or if the person is a resident without a license or permit to operate a motor vehicle in this state, an order shall be issued denying the person the issuance of a license or permit for a period of one year.
Yes
Yes
Yes
302.574 - Learn More
Upon receipt of the officer's report, the director shall revoke the license of the person refusing to take the test for a period of one year; or if the person is a nonresident, such person's operating permit or privilege shall be revoked for one year; or if the person is a resident without a license or permit to operate a motor vehicle in this state, an order shall be issued denying the person the issuance of a license or permit for a period of one year.
Yes
No
Ignition interlock requirements appear to be for alcohol-based offenses only.
No
No Data Available
No
No Data Available
No Data Available
A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.
577.010 - Learn More
First Offense Class B Misdemeanor – imprisonment term not to exceed 6 months and offender required to participate in and successfully complete a substance abuse traffic offender program, and a 30-day mandatory license suspension.
No Data Available
577.010 - Learn More
577.023 - Learn More
558.011 - Learn More
First Offense Class B Misdemeanor – imprisonment term not to exceed 6 months and offender required to participate in and successfully complete a substance abuse traffic offender program, and a 30-day mandatory license suspension.
Second Offense (within 5 years) Class A Misdemeanor – imprisonment term not to exceed 1 year with 5 days mandatory minimum imprisonment and 30 days community service, a fine of not more than $1,000, and a 2-year mandatory license suspension.
Third Offense Class D Felony – imprisonment term not to exceed 4 years but for a mandatory 5 days and 60 days community service, a fine of up to $5,000, and a license revocation for at least 3 years.
Fourth Offense Class C Felony – imprisonment for a mandatory 60 days, but not more than 7 years, a fine of up to $5,000, and a license revocation for at least 3 years.
Fifth Offense Class B Felony – imprisonment term not less than 5 years, and not to exceed 15 years, and license revocation for at least three years.
Yes. On the criminal side, it does not matter what the impairing substance is, the penalties are the same whether it is alcohol or drugs. The only real difference is on the civil side, since there is no per se levels for drugs your license is not suspended for being over any particular level (i.e. no action that corresponds to license suspension for blowing over .08).
577.010(3) - Learn More
Yes
Same as DUI alcohol
Anyone who is driving under the influence of drugs or alcohol with a child under the age of 16 years old for the first-time offense can be charged with a class E felony. This comes with a sentence of up to four years in prison. The accused driver will also have their license suspended until the case is resolved. The age in Missouri is 17 not 16, it’s also a class B misdemeanor not an E felony, also not familiar with anything that would require the license to be suspended while the case is pending
§ 195.017 -Learn More
Tetrahydrocannabinols are referenced here.
No
Electronic warrant abilities vary by county.
No
By statute, saliva can be requested, though this is not a common practice.
Yes
No
No
Medical Marijuana Only - 18
Although recreational cannabis use remains illegal in Missouri, possession of up to 10 grams as a first offense is a misdemeanor with no mandatory jail time and a fine of up to $500. Missouri has decriminalized many laws surrounding cannabis.
Illegal
Illegal
Illegal
Illegal
The Missouri Department of Health and Senior Services (DHSS) defines a caregiver as an individual (21 years of age or older) responsible for managing the well-being of an MMJ-qualified patient. The Missouri medical marijuana card for a minor patient can only be issued to the patient's guardian or parent.
No Data Available
No Data Available
No Data Available
No Data Available
579.020 - Learn More
(1) The delivery or distribution is any amount of a controlled substance except thirty-five grams or less of marijuana or synthetic cannabinoid, to a person less than seventeen years of age who is at least two years younger than the defendant; or
(2) The person knowingly permits a minor to purchase or transport illegally obtained controlled substances.
No Data Available