Section 5.5 Driving With Excessive Blood Alcohol Content
| Library | DWI 2014 |
Under Missouri law, “[a] person commits the crime of ‘driving with excessive blood alcohol content’ if such person operates a motor vehicle in this state with eight-hundredths of one percent or more by weight of alcohol in such person’s blood.” Section 577.012.1, RSMo Supp. 2012. For a first-time offense, driving with excessive BAC is a class B misdemeanor. Section 577.012.3.
As with a DWI offense, issues as to operation or control over a motor vehicle often arise in a driving-with-excessive-BAC case. The analysis as to whether a person was “operating” a motor vehicle at the time the person...
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