A. Together, Mo. Rev. Stat. § 557.010 and § 557.012 define driving while intoxicated (DWI). These laws state that it’s unlawful to operate a vehicle while in an intoxicated condition and allow courts to assume intoxication if drivers have over a certain blood alcohol content (BAC)—0.08 percent for non-commercial drivers, 0.04 percent for commercial (truck and bus) drivers, and 0.02 percent for drivers under the age of 21.
Civil claims for financial damages following drunk driving accidents differ from DWI charges. Individual claimants may demand compensation from drunk drivers and their auto insurers by filing personal injury litigation for gross negligence (recklessness). Gross negligence claims allege that the defendant acted with reckless disregard for the life and safety of others, including fellow drivers, when they operated the vehicle while intoxicated.