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Missouri

Felony DUI

Third offense

DUID Zero Tolerance and Per Se Laws

Impairment-based statute only

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

Statute without enhanced penalties

Enhanced Penalties for High-BAC

0.15

DUI Look-back Periods

Five years

Open Container - Alcohol

Does not meet Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

No Habitual Offender Law

Drug Evaluation and Classification Program

151-250 DREs

DUI Courts - Standalone

16-20 DUI Courts

DUI Courts - Hybrid

31-40 Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Medical Cannabis & Decriminalized

DUID: Implied Consent Testing Methods

Blood, urine, and saliva

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

None

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

No legislation passed

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Cannabis

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Utilizes No Refusal program

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

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.

Blood

Yes

Urine

Yes

Oral Fluids

Yes
Saliva

Other

Yes
Breath

DUI Statutes

Drugs

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.

Combined/Multiple Substance

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.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

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.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

Yes

Length/Time of Restriction

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.

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

No
Ignition interlock requirements appear to be for alcohol-based offenses only.

Other Drugs

No

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No Data Available

Cannabis Per Se Statute

No

Threshold

No Data Available

Nanogram Limit

No Data Available

DUI Standards

A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.

Provisions for Screening Cannabis/Assessment/Education/Treatment

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.

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

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.

Are the Impaired Driving Penalties the Same for Alcohol?

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).

Are Combined Substances Mentioned in DUI Statute?

577.010(3) - Learn More
Yes

Penalties for Multiple Substance/Multiple Substance Impaired Driving

Same as DUI alcohol

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

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

Statutes with THC Listed as Delta 8, 9, 10, or 11

§ 195.017 -Learn More
Tetrahydrocannabinols are referenced here.

Electronic Warrant Program

Statewide

No

By Locality

Electronic warrant abilities vary by county.

Law Enforcement Phlebotomy Program

No

Oral Fluid

For Drug Detection

By statute, saliva can be requested, though this is not a common practice.

Roadside - Not Evidential

Yes

Evidential

No

Roadside and Evidential

No

Minimum Legal Age for Cannabis Consumption

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.

Underage Cannabis Laws and Penalties

Underage Possession

Illegal

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

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.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No Data Available

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

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.

Other

No Data Available