Section 49 Intoxication-Related Offenses

• Library: Criminal Code Revision History & Overview 2014

A number of revisions have been made to Chapter 577, RSMo. Intoxication-related offenses pertaining to all modes of transportation (driving, boating, or operating an aircraft) have been collected together in a single chapter. In line with standard practice for other portions of the Revised Code, regulatory provisions have been excluded, either being removed or left in chapters outside the Revised Code. As with other chapters, the definition section, § 577.001, has been updated, with new defined terms being added or terms scattered throughout Chapter 577 or other chapters being moved into the section.

The following charts illustrate how a standardized format has been applied to the intoxication-related offenses under the Revised Code, and how the repeat offender scheme is applied to the DWI (driving while intoxicated) and BWI (boating while intoxicated) offenses:

· DWI, § 577.010 (amended)

· driving with excessive BAC (blood alcohol content), § 577.012 (amended)

· BWI, § 577.013 (new)

· boating with excessive BAC, § 577.014 (new)

· operating an aircraft while intoxicated, § 577.015 (new)

· operating an aircraft with an excessive BAC, § 577.016 (new)

A significant portion of the restructuring involved in the DWI offenses includes graduating the levels of punishment by the levels of injury caused. In the pre-Revised Code, causing death by DWI and causing physical injury are both classified as class C felonies. Under the Revised Code, causing death would be classified as a new class C felony, while causing physical injury would be a class E felony.

Table 10.2

Driving While Intoxicated, § 577.010
Classification/Conduct	Penalty
A person operates a vehicle while in an intoxicated condition	Class B misdemeanor
Prior offender; or A person less than 17 years of age is present in vehicle	Class A misdemeanor
Persistent offender; or Defendant acts with criminal negligence to cause physical injury to another person	Class E felony
Aggravated offender; or Defendant acts with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel; or Defendant acts with criminal negligence to cause serious physical injury to another person	Class D felony
Chronic offender; or Defendant acts with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel; or Defendant acts with criminal negligence to cause the death of another person	Class C felony
Habitual offender; or Defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency...