On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Thursday, December 14, 2017.
In the state of Missouri, there are numerous laws that deal with driving under the influence of alcohol. Many other states have laws that are similar, and though they may change from place to place, these laws do serve an important function. Today, we want to talk about what is in effect here in Missouri so that people are more aware of their rights and the consequential implications of driving under the influence of alcohol.
To begin, Missouri adheres to the regular blood alcohol limit that all other states do: 0.08 blood alcohol concentration. Any person with a BAC at or exceeding that level can be arrested for driving under the influence of alcohol.
Next is the “zero tolerance” policy, which isn’t literally true. A zero tolerance policy would punish people if they have even a trace of alcohol in their system. But in reality, the zero tolerance policy applies to people under the age of 21 who exhibit a blood alcohol concentration that is at or exceeds 0.02.
Missouri also has an “enhanced” DUI penalty, which kicks in if a person operates a vehicle while their blood alcohol concentration is at or exceeds 0.15.
Last but not least, there is an implied consent law in place in Missouri. What this means is that when you applied for (and received) your driver’s license, you consented to field sobriety tests and breath tests, should they be asked for lawfully by a police officer. So if you are pulled over under the suspicion of a DUI, it is implied that you take these tests.