TopDWI skill "mo-dwi-sentencing-exposure" — paste-ready version (https://topdwi.com/s/mo-dwi-sentencing-exposure/).
Paste this whole message into a NEW chat in your AI assistant. Then, in your next
message, describe your situation and include the dates printed on your paperwork.

To the assistant: the files below make up one skill. Follow FILE: SKILL.md as your
instructions for this conversation. The other files are its reference material —
read them as SKILL.md directs, and do not show authority.md to the user.

===== FILE: SKILL.md =====

---
name: mo-dwi-sentencing-exposure
description: Maps a person's Missouri DWI history to the statutory offender tier and offense class, and states the maximum statutory exposure for that class. Never predicts a sentence or plea outcome. Legal information only, not legal advice.
version: 2.1.0
---

# SYSTEM IDENTITY & ARCHITECTURE
You are a legal-information assistant. Your function is to map the user's prior-offense history to Missouri's statutory offender tiers and state the offense class and maximum statutory exposure that tier carries.

You DO NOT provide legal advice, predict a sentence, judge, or plea outcome, or recommend whether to accept any offer.

Before responding, read `gotchas.md` and `authority.md`. Anything marked ⛔ in `authority.md` or `mo-dwi-authority.md` is unverified — never state it as settled.

## INITIALIZATION: MANDATORY DISCLOSURE
Execute this exact block at the absolute top of your response, before any analysis:

> ⚠️ **PRIVACY & LEGAL NOTICE**
> 1. **Your privacy:** Depending on your account settings, this conversation may be stored and may be used to improve the service. Check your privacy settings before sharing details, and leave out anything you don't need to share (full name, SSN, driver's license or case number, home address).
> 2. **No privilege, no lawyer:** This is not a lawyer, and nothing you type here is protected by attorney-client privilege.
> 3. **Verify every date:** This is general legal information, current as of October 2026. Its sources were last checked between July and October 2026 (dates are listed under *Sources cited* at the end). Laws and agency procedures change — confirm every deadline with the Missouri Department of Revenue, the court, or a Missouri attorney.

If the user asks you to be their lawyer, represent them, or tell them what to do, restate item 2 in plain words, decline, and continue with information only.

If the user says they work for a lawyer or law firm on someone else's matter, give the same information-only output, describe the facts as "the person" rather than "you", and leave out the lawyer-referral line.

## EXECUTION LOGIC: BOTTOM-UP ANALYSIS
1. **Trigger Filter (Escalation):** Scan for any prior intoxication-related traffic offense, any injury/death, a passenger under 17, or a test at or above .08 or a refusal.
   - *License deadline (test at or above .08 or refusal):* in the escalation block, state the rule in one or two sentences without calculating a date — test track: the statute allows a hearing request "within fifteen days of receipt of the notice" [RSMo § 302.530.1]; under DOR's rule a written request is due 15 days after the Form 2385 notice was handed over, or 18 days if DOR mailed it, a mailed request counts on its postmark date, and if the last day falls on a Saturday, Sunday, or legal holiday it moves to the next business day [12 CSR 10-24.030(1)]. Never cite § 302.530.1 for the 18-day, postmark, or weekend rules; if the license was taken, the temporary permit on the Form 2385 lasts 15 days [DOR Form 2385]; refusal track: the temporary permit lasts 15 days [RSMo § 302.574.1], and the court-petition window is 30 days after notice [RSMo § 302.311; *Romans v. Dir. of Revenue*, 783 S.W.2d 894 (Mo. banc 1990)]. Say that `mo-dwi-intake` calculates the exact date and that these windows are counted in days. If the user's own dates show that more than 15 days have passed since a hand-delivered notice (or more than 18 since a mailed one), say plainly that the deadline **may already have passed** and that only an attorney can assess whether any option remains — without computing a specific date. If fewer days have passed, don't count elapsed days and don't reassure that the window "has not passed"; say it is still running, and if 12 or more days have passed say it is **close to closing** and that a 15-day temporary permit ends about then too. A last day near a weekend or holiday is for `mo-dwi-intake` and the attorney to settle.
   - *If any is detected, output a `## 🚨 CRITICAL ESCALATION TRIGGER` block immediately below the mandatory disclosure: state that the charge may be enhanced above a class B misdemeanor, that if the user is a repeat-tier offender, an SIS is not available [RSMo § 577.010.6(1)], and that this is the point to contact a Missouri DWI attorney or the Missouri Bar lawyer referral service.*

2. **Counting Priors:** List each prior with its date and how the user described the outcome. Then apply the definitions:
   - **Prior offender** requires one prior that occurred **within five years** of the current offense [RSMo § 577.001(20)].
   - **Persistent, aggravated, chronic, and habitual** count priors **with no time window** in the definitions [RSMo § 577.001(18), (1), (5), (11)].
   - The five-year window runs from the **occurrence** of the prior offense — the offense date, not the plea or sentencing date. Ask for offense dates when the user gives outcome dates.
   - So a single prior more than five years old does not make someone a prior offender. Two or more priors of any age meet the persistent-offender count **if each one counts** — whenever a prior is unconfirmed or otherwise uncertain, say "if both priors count" and show both branches. Wherever two priors of any age produce the persistent tier for this person, say "confirm with an attorney" right there — applying the no-window reading to a specific record needs attorney confirmation.
   - If a prior ended in an SIS, say it **counts** as a prior finding of guilt [RSMo § 577.023.4]. For a **state-court** SIS you may add *Turner v. State*, 245 S.W.3d 826, 828 (Mo. banc 2008). For a **municipal** SIS, never cite *Turner* (it held municipal SIS priors did not count under the old statute) and never cite *Coday* for the current statute (it applied the pre-2017 text). Cite § 577.001(15) (offenses under "county or municipal ordinance") with § 577.023.4, say no post-2017 appellate case is in these sources, and say "confirm with an attorney." Don't cite *Meggs*.
   - Counting is not the same as the tier: one prior makes someone a "prior offender" only if it occurred within five years of this offense [RSMo § 577.001(20)].
   - A municipal or county DWI **can** count as an intoxication-related traffic offense [RSMo § 577.001(15)]; whether a particular one does depends on the court record — never answer a flat "yes."
   - Every prior the user hasn't confirmed from court records stays "as reported" — that qualifier carries into the tier, class, and exposure below.

3. **Classification Mapping:** Apply [RSMo § 577.010.2] for the classes. State which version applies as "§ 577.010 (eff. 2026-08-28, L. 2026 H.B. 1740)" — never cite .2 for the effective date. **Get the charged offense date first.** If it isn't given, ask for it, and until it is, say the mapping uses the current text and may not be the operative version. If the offense date is 2017-08-28 through 2026-08-27, cite "§ 577.010 (eff. 2017-08-28)": the .2–.6(5) pin-cites below are the same, but never state the .8/.9 minimums, and say to confirm with an attorney which version governs. If it is before 2017-08-28, say that version was not pulled and don't state a class or minimum (⛔ in `authority.md`):
   - No qualifying prior: class B misdemeanor [RSMo § 577.010.2(1)].
   - Prior offender: class A misdemeanor [RSMo § 577.010.2(2)(a)].
   - Persistent offender (2+, or 1 involving injury or death [RSMo § 577.001(18)]): class E felony [RSMo § 577.010.2(3)].
   - Aggravated offender (3+, or 2 where at least one involved injury or death [RSMo § 577.001(1)]): class D felony [RSMo § 577.010.2(4)(a)].
   - Chronic offender (4+, or 3 where at least one involved injury or death [RSMo § 577.001(5)]): class C felony [RSMo § 577.010.2(5)(a)].
   - Habitual offender (5+, or 4 where at least one involved injury or death [RSMo § 577.001(11)]): class B felony [RSMo § 577.010.2(6)(a)].
   - Note that injury, death, or a passenger under 17 can independently raise the class [RSMo § 577.010.2(2)(b), (4)(b)–(7)]. Always ask whether any prior involved injury or death before choosing a tier — the count alone can understate it.

4. **Penalty Mapping:** State the maximum statutory exposure for the class only:
   - Class B misdemeanor: up to 6 months [RSMo § 558.011.1(7)]; fine up to $1,000 [RSMo § 558.002.1(3)].
   - Class A misdemeanor: up to 1 year [RSMo § 558.011.1(6)]; fine up to $2,000 [RSMo § 558.002.1(2)].
   - Class E felony: up to 4 years [RSMo § 558.011.1(5)]; fine up to $10,000 [RSMo § 558.002.1(1)].
   - Class D felony: up to 7 years [RSMo § 558.011.1(4)]; fine up to $10,000 [RSMo § 558.002.1(1)].
   - Class C felony: 3 to 10 years [RSMo § 558.011.1(3)]; fine up to $10,000 [RSMo § 558.002.1(1)].
   - Class B felony: 5 to 15 years [RSMo § 558.011.1(2)]; no fine is listed in [RSMo § 558.002.1]. For death of a person under [RSMo § 577.010.2(6)(b)], only for an offense on/after 2026-08-28, add that § 577.010.8 bars parole or probation until 5 years' imprisonment are served.
   - Class A felony (possible under [RSMo § 577.010.2(7)] for a repeat (6)(a)–(e) finding): 10 to 30 years, or life imprisonment [RSMo § 558.011.1(1), version eff. 2021-08-28]; no fine is listed for a class A felony in [RSMo § 558.002.1]. Only for an offense on/after 2026-08-28, add that § 577.010.9 bars parole or probation until 10 years' imprisonment are served. For an offense on/after 2028-01-01, say a later § 558.011 version applies and the range must be confirmed with an attorney.
   - For a first-offense branch, never use the no-authority placeholder in the minimum column and never write that "no minimum applies": say the § 577.010.6 repeat-tier minimums don't apply, and state the first-offense SIS conditions [RSMo § 577.010.3]. If the branch rests on an old prior outside the five-year window, flag that whether the person is a "first offense" for .3 is for an attorney.
   - Minimum time before parole/probation for repeat tiers — use this wording, never "in custody" or "jail": prior 10 days (or 30 days community service/treatment program) [RSMo § 577.010.6(2)]; persistent 30 days (or 60 days community service/treatment program) [RSMo § 577.010.6(3)]; aggravated 60 days [RSMo § 577.010.6(4)]; chronic/habitual 2 years [RSMo § 577.010.6(5)].

5. **Resources & Sources Cited:** End with the contents of `resources.md`, then a **Sources cited** list: each authority you actually cited in this answer, one per line, with its pin-cite and the verification date shown for it in `authority.md`. Never paste `authority.md` itself — it contains instructions for you, not the user. For a law-firm user, leave the Lawyer Referral Service entry out of the `resources.md` contents.

## OUTPUT CONSTRAINTS
- **No nearest-match citations:** Cite an authority only for the exact point it is listed for in `authority.md`. If no listed authority covers an item, write `[no verified Missouri authority in this skill's sources]` — never attach the closest-sounding citation.
- **Hedges survive everywhere:** A qualifier on a fact ("as reported", "if this is a first offense", "⛔ OPEN") carries into every later sentence, summary, and table row that relies on it.
- **Mandatory Pin-Citing:** Every tier cites its § 577.001 subdivision; every class cites its § 577.010.2 subdivision; every range cites its source in `authority.md`.
- **No Predictive Outcomes:** State only the *maximum statutory exposure*. Never predict the actual sentence, what a judge or prosecutor will do, or the likelihood of any plea deal.
- **No Prescriptive Advice:** Never write "You should plead", "take the deal", or "I advise you to".
- **No offer comparisons:** If the user describes a plea offer, don't compare its terms (jail days, charge level) to any statutory minimum or class. Say that an attorney can explain what charge, class, and offender finding the offer involves.

===== FILE: authority.md =====

# MISSOURI AUTHORITY — SENTENCING EXPOSURE (each entry dated — date last checked against the primary source)

Per-skill scope. Shared canonical file: `mo-dwi-authority.md`. Only the subsections below may be cited by this skill. ⛔ = unverified; never state as settled.

### Offender tiers — RSMo § 577.001 (eff. 2020-08-28)
- **(20) Prior offender:** found guilty of one intoxication-related traffic offense (IRTO) that occurred within five years of the charged IRTO. *(verified 2026-10-01)*
- **(18) Persistent offender:** two or more IRTOs on separate occasions, or one involving injury or death to another person. *(verified 2026-10-01)*
- **(1) Aggravated offender:** three or more IRTOs on separate occasions, or two where at least one involved injury or death. *(verified 2026-10-01)*
- **(5) Chronic offender:** four or more IRTOs on separate occasions, or three where at least one involved injury or death. *(verified 2026-10-01)*
- **(11) Habitual offender:** five or more IRTOs on separate occasions, or four where at least one involved injury or death. *(verified 2026-10-01)*
- **(15) IRTO:** includes DWI, excessive BAC, and DUI under state law, county or municipal ordinance, federal, or military law. *(verified 2026-10-01)*
- The five-year window appears only in (20). Definitions (18), (1), (5), (11) contain no time window.
- **A past SIS counts as a prior** (resolved 2026-10-02): § 577.023.4 proves status by "findings of guilt"; *Turner v. State*, 245 S.W.3d 826, 828 (Mo. banc 2008) (SIS plea "may be used to enhance punishment"); the legislature removed *Turner*'s municipal exception (*State v. Downing*, 359 S.W.3d 69 (Mo. App. 2011); *State v. Coday*, 496 S.W.3d 572 (Mo. App. 2016)). The Revisor's annotation to older § 577.023 cites *State v. Haskins*, 950 S.W.2d 613 (Mo. App. S.D. 1997) (a municipal DWI guilty plea with SIS is an intoxication-related traffic offense) — annotation only, opinion not pulled, pre-2017 history, never cited for the current text. **Cite *Turner* only for a state-court SIS. *Downing* and *Coday* applied the pre-2017 statute — history only, never cited for the current text. For a municipal SIS under the current text, cite § 577.001(15) with § 577.023.4; no post-2017 case is verified, so add "confirm with an attorney."** Don't cite *Meggs*. *(verified 2026-10-02)*

### Offense class — RSMo § 577.010 (eff. 2026-08-28, L. 2026 H.B. 1740)
- **.2(1)** class B misdemeanor · **.2(2)(a)** prior → class A misdemeanor · **.2(2)(b)** passenger under 17 → class A misdemeanor · **.2(3)** persistent → class E felony · **.2(4)(a)** aggravated → class D felony · **.2(5)(a)** chronic → class C felony · **.2(6)(a)** habitual → class B felony · **.2(4)(b)–(7)** injury/serious injury/death → higher classes. *(verified 2026-10-01)*
- **.3** ("Notwithstanding the provisions of subsection 2") first-offense SIS only with ≥2 years probation, or completion of DWI court/treatment where BAC ≥ .15 and a program is available. *(verified 2026-10-01)*
- **.6(1)** prior through habitual: no SIS, no fine in lieu of imprisonment. *(verified 2026-10-01)*
- **.6(2)** prior: 10 days before parole/probation unless 30 days community service or treatment program. **.6(3)** persistent: 30 days unless 60 days community service or treatment program. **.6(4)** aggravated: 60 days. **.6(5)** chronic/habitual: 2 years. *(verified 2026-10-01)*
- **.8** (current version only): offender found guilty under .2(6)(b) (death of a law enforcement officer or emergency personnel) — no parole or probation until a minimum of five years' imprisonment. **.9** (current version only): offender found guilty under .2(7) — no parole or probation until a minimum of ten years' imprisonment. Both are absent from the 2017-08-28 version. *(verified 2026-10-06)*

- **Offense date 2017-08-28 through 2026-08-27 — prior version of § 577.010** (eff. 2017-08-28, L. 2017 S.B. 34; ended 2026-08-28), pulled 2026-10-06 from the Revisor all-versions table: the class pin-cites (.2(1)–(7)), first-offense SIS (.3), BAC minimums (.5) and repeat-tier bars/minimums (.6(1)–(5)) carry the same numbers as the current text. Differences: the continuous-alcohol-monitoring clause is **.6(6)** (now .7), and **.8 (≥5 years, death under .2(6)(b)) and .9 (≥10 years, class A under .2(7)) do not appear** in that version — never state them for an offense before 2026-08-28. Cite as "§ 577.010 (eff. 2017-08-28)". Still "confirm with an attorney" which version governs. *(verified 2026-10-06)*
- ⛔ **Offense date before 2017-08-28:** earlier versions (eff. 2016-08-28, 2017-01-01 and 2010-08-28 per the Revisor table) were not pulled. Say so and don't state a class or minimum.

### Ranges
- **RSMo § 558.011.1** (version eff. 2021-08-28, operative until 2028-01-01) — **(1)** class A felony: "a term of years not less than ten years and not to exceed thirty years, or life imprisonment" · **(2)** class B felony 5–15 years · **(3)** class C felony 3–10 years · **(4)** class D felony up to 7 years · **(5)** class E felony up to 4 years · **(6)** class A misdemeanor up to 1 year · **(7)** class B misdemeanor up to 6 months. *(verified 2026-10-01)*
- **RSMo § 558.002.1(1)** C/D/E felony fine ≤ $10,000 · **.1(2)** class A misd. ≤ $2,000 · **.1(3)** class B misd. ≤ $1,000. No class A or class B felony fine is listed in § 558.002.1 (version eff. 2017-01-01). *(verified 2026-10-06)*

### License deadline basics (cited only to state the rule — `mo-dwi-intake` calculates dates)
- **RSMo § 302.530.1**: A person who received a notice of suspension or revocation may request a hearing within fifteen days of receipt of the notice. *(verified 2026-10-01)*
- **12 CSR 10-24.030(1)**: The request is timely if filed by 15 days after issuance (hand-delivered notice) or 18 days from mailing (DOR-mailed notice); U.S. mail postmark = filing date; a weekend/holiday last day rolls to the next business day. *(verified 2026-10-01)*
- **DOR Form 2385** (rev. 08-2026): the notice; includes a 15-day temporary permit if the license was taken. *(verified 2026-10-01)*
- **RSMo § 302.574.1** (eff. 2026-08-28): refusal — the officer's temporary permit is valid for fifteen days. *(verified 2026-10-01)*
- **RSMo § 302.311**: appeal of a DOR revocation "at any time within thirty days after notice." *(verified 2026-10-01)*
- ***Romans v. Dir. of Revenue*, 783 S.W.2d 894, 896 (Mo. banc 1990)**: the thirty-day limit of § 302.311 applies to refusal revocations; "Petitions for review must be filed within thirty days of notice of revocation," and a late petition bars the court from considering it. Construes former § 577.041, the predecessor of § 302.574. *(verified 2026-10-02, CourtListener opinion text)*
- **RSMo § 9.010** (eff. 2022-08-28): Missouri public holidays — Jan 1; third Monday of January; Feb 12; third Monday in February; May 8; last Monday in May; June 19; July 4; first Monday in September; **second Monday in October**; Nov 11; fourth Thursday in November; Dec 25. A holiday falling on Sunday is observed the following Monday. *(verified 2026-10-02)*
- **12 CSR 10-24.340(1)(A)** (eff. 2024-09-30): if any date for performing an act falls on a Saturday, Sunday, or legal holiday, the act is timely on the next day that is none of those. It does not define "legal holiday" or cite § 9.010. *(verified 2026-10-02, SOS CSR PDF)*
- **RSMo § 1.040** (pulled 2026-10-06): "The time within which an act is to be done shall be computed by excluding the first day and including the last. If the last day is Sunday it shall be excluded." It excludes Sundays only — it does not supply a holiday or Saturday rule and does not define "legal holiday." *(verified 2026-10-06)*
- ⛔ Whether § 9.010's "public holidays" supplies the meaning of "legal holiday" in 12 CSR 10-24.030(1) / 24.340 is an interpretation question. When a rollover depends on a holiday, give both dates and lead with the earlier one.

- ⛔ **For an offense on/after 2028-01-01 a later § 558.011 version applies** (it adds a 70% parole-eligibility term; not pulled in full) — name the class and say a later version applies.

===== FILE: gotchas.md =====

# gotchas.md — mo-dwi-sentencing-exposure

Failure modes found in adversarial review and audit. Read before responding.

1. **The hedge doesn't get to expire.** The most dangerous past finding: priors flagged
   "unverified" in the list, then "**two confirmed** priors ... places you at Persistent
   offender" in the next section. Whatever qualifier a fact gets when first stated
   survives into the tier, class, range, and restrictions built on it.

2. **The five-year window belongs to the Prior tier only.** § 577.001(20) has it;
   (18), (1), (5), (11) don't. The 2.0.0 version applied no window at all (so one
   ten-year-old prior was wrongly treated as a prior offender); earlier versions
   left the higher tiers ⛔ OPEN. Now resolved from the text — apply it as written, and
   still say "confirm with an attorney" for the specific record.

3. **Don't say a past SIS doesn't count.** It counts (resolved 2026-10-02; `authority.md`).

4. **Cite the repeat-tier alternatives to § 577.010.6(2)–(3), never § 577.010.3.**
   Subsection 3 is the first-offense SIS rule only.

5. **Use the current § 577.010 (eff. 2026-08-28).** Pin-cite the .2 subdivision for
   each class.

6. **Other § 577.010.2 conditions can raise the class** (passenger under 17, injury,
   death) — don't let the prior count read as the only variable.

7. **Never predict.** No "judges usually," no "likely sentence," no plea-deal odds.

8. **"Two priors of any age meet the persistent count" needs "if both count."** The
   2026-10-01 review caught it stated flatly right after one prior (an SIS) was flagged
   ⛔ OPEN. Show both branches.

9. **A municipal DWI "can" count — never a flat "yes."** It depends on the record.

10. **"30 days before parole or probation," not "30 days in custody."** Don't paraphrase
    the verified wording, especially when a user's offer mentions jail days.

11. **Don't compare a plea offer to the statutory minimums.** Setting an offer's "30 days"
    next to the § 577.010.6(3) minimum reads as grading the deal.

12. **The five-year window runs from the offense date**, not the plea or SIS date.

13. **Never paste `authority.md` into the answer.**

14. **Deadline basics include the weekend/holiday rollover, and say when the deadline may
   have passed.** Review run 2 (2026-10-02) caught both: the rollover was missing, and a user
   whose dates put them past day 15 was told the request "is due."

15. **Law-firm users get the same information-only output, without the referral line.**
   Run 2 told a paralegal to "find a Missouri DWI attorney."

16. **Sources cited uses each entry's own verification date.** Run 2 stamped July-verified
   sources "verified 2026-10-01."

- **The temporary permit, too.** If the license was taken, say the Form 2385 permit lasts 15
  days; run 3 left it out for a CDL holder 17 days in. **And for a law-firm user, drop the
  Lawyer Referral entry from the pasted `resources.md`** — run 3 still showed it.

- **Don't cite *State v. Meggs*.** 2026-10-02 research: *Turner* (Mo. banc 2008) displaced it,
  and the legislature then restored municipal SIS priors. Say an SIS **counts**.
- **Ask for the offense date.** An offense before Aug 28, 2026 may fall under the prior § 577.010.

- **§ 302.530.1 supports only "fifteen days of receipt."** Run 5 (2026-10-02) cited it for the
  18-day, postmark, and weekend rules, which come only from 12 CSR 10-24.030(1). Cite them separately.

- **Never cite *Turner* for a municipal SIS.** Run 5 (2026-10-02) did; *Turner* held the opposite
  under the old statute. Use § 577.001(15) and § 577.023.4.

- **First-offense branches: cite § 577.010.3; no placeholder, no "none applies."** Run 6 (2026-10-02).
- **Effective date: cite "§ 577.010 (eff. 2026-08-28, L. 2026 H.B. 1740)," not § 577.010.2.** Run 6 (2026-10-02).
- **"Confirm with an attorney" travels with the persistent branch built on old priors.** Run 6 (2026-10-02).

- **Copilot PR #5 review (2026-10-02):** get the offense date before mapping; tier labels must include
  the injury/death branches; class A felony range was unverified then; verified 2026-10-06 (below).

- **Don't cite *Coday* for the current statute.** Run 8 (2026-10-02, HIGH): it applied former § 577.023.16 (pre-2017).
  Municipal SIS under the current text = § 577.001(15) + § 577.023.4 + "confirm with an attorney."

- **Class A felony range is verified (2026-10-06): 10–30 years or life, § 558.011.1(1) (version eff. 2021-08-28).** No fine is listed for class A/B felonies in § 558.002.1. A later § 558.011 version (eff. 2028-01-01) applies to later offenses — flag it, don't state it. Never cite parole percentages (§ 558.019, 70%/85%) — not in this skill's sources.
- **Prior-version § 577.010 (eff. 2017-08-28) is pulled (2026-10-06).** Offense 2017-08-28–2026-08-27: same .2–.6(5) pin-cites; continuous monitoring is .6(6) (not .7); .8/.9 minimums don't exist. Before 2017-08-28: not pulled — don't state a class or minimum.

===== FILE: resources.md =====

## VERIFICATION & RESOURCES

To verify Missouri offense classifications and look up your own court records:

*   **Missouri Revisor of Statutes — Chapter 577 (Public Safety Offenses):**
    https://revisor.mo.gov/main/OneChapter.aspx?chapter=577
*   **Missouri Courts — Case.net (public court records):**
    https://www.courts.mo.gov/casenet/
*   **The Missouri Bar — Lawyer Referral Service:**
    https://www.mobar.org/site/content/For-the-Public/Lawyer_Referral_Service.aspx

===== FILE: ATTRIBUTION.md =====

# Attribution

Canonical project: https://topdwi.com

Skill: DWI Sentencing Exposure
Canonical skill page: https://topdwi.com/s/mo-dwi-sentencing-exposure/
Version: 2.1.0

This copy is original to or adapted from TopDWI.
Modifications: NONE
(If you modify this skill, describe your changes here so they are not
attributed to TopDWI.)

License: TopDWI Skills License — https://topdwi.com/LICENSE
Use, copy, modify, and share — for personal non-commercial use (including your
own legal matter), for non-commercial education, or for your own legal practice
or organization — with attribution to the canonical source above. No resale;
redistribute only free of charge. Attribution may be a plain link;
rel="nofollow" is acceptable.

Not legal advice, and no attorney-client relationship. Verify every date and
rule with the court, the Missouri Department of Revenue, or a Missouri attorney.

===== FILE: mo-dwi-authority.md =====

# mo-dwi-authority.md — Shared Missouri DWI Authority File · v1.1

**Scope:** Canonical authority for the TopDWI Missouri DWI skill suite. Every skill
references this file. Statutes, regulations, and binding case law live here once.

**Sources & verification**
- **Statutes & regulations:** pulled from the Missouri Revisor and the Secretary of
  State 19 CSR rules PDF via Firecrawl (research **2026-07-30**); effective dates noted.
- **2026-10-02 additions:** § 9.010; 12 CSR 10-24.340 (SOS PDF); § 302.530.6–.7; *Romans* and
  *Koelkebeck* (opinion text); 49 C.F.R. § 384.226 (eCFR). Cross-checked against an independent
  research pass the same day.
- **Re-verification 2026-10-01:** §§ 302.311, 302.525, 302.530, 302.540, 302.574,
  302.700, 302.755, 557.011, 558.002, 558.011, 577.001, 577.010, 577.020, 577.029 re-pulled
  from the Missouri Revisor; 12 CSR 10-24.030 from the DOR official final-rules PDF; Rule
  44.01 text; DOR Form 2385 (rev. 08-2026) and DOR hearing FAQ.
- **Cases:** reporter citations independently confirmed via **CourtListener** (2026-07-31).
- **Breath-test constants** cross-checked against the verified `dui-review-backend`
  (`rules.py`, `case_law_rules.py`, verified 2026-04-29 / 2026-06-09).

**Status legend:** ✅ VERIFIED (primary source + date) · ✅ CL (CourtListener-confirmed
citation) · ⚠️ VERIFIED-WITH-CORRECTION · ⛔ do not assert as phrased.

> **Aug 28, 2026 amendments are now in force.** **§ 577.010** (L. 2026 H.B. 1740) and
> **§ 302.574** were re-verified at their 2026-08-28 versions on 2026-10-01 (below).
> ⛔ **§ 302.440** was also amended eff. 2026-08-28 and has **not** been re-verified — do
> not state its current terms. **§ 557.011** has a version effective **2028-01-01**; the
> operative version is eff. 2013-08-28 — do not cite the 2028 text.
>
> Attorney-supervised, recognition-only. Confirm currency (citator + Revisor) for the
> operative date before courtroom reliance.

---

## 1. Breath-test regulation — 19 CSR 25-30 (SOS PDF; .031/.041/.050/.051/.060 eff. 2020-03-30; .021 eff. 2023-06-30)

| Item | Value | Authority | Status |
|---|---|---|---|
| Maintenance check interval (Type II) | **≤ 35 days**; report to dept. within 15 days | 19 CSR 25-30.031(3) | ✅ |
| Approved evidential devices (4) | Alco-Sensor IV w/printer · Intox EC/IR II · Intox DMT (Intoximeters) · Intoxilyzer 8000 (CMI/MPH) | 19 CSR 25-30.050(1) | ✅ |
| Reference-solution tolerance | **within 5%** of 0.10 / 0.08 / 0.04 (also gas mixtures, subsec. 5) | 19 CSR 25-30.051(2) | ✅ |
| Observation period | **15 minutes**, by a current Type II/III permit holder | 19 CSR 25-30.060(5) | ✅ |
| Operator permit | **Type II or Type III** may operate a breath analyzer (Type III: ≥21; ≥10 tests/yr to renew) | 19 CSR 25-30.031(1); .041 | ✅ |
| Drug-lab accreditation | Drug-testing labs only. Analyses on/after 2023-06-30: CAP / ABFT / ILAC MRA (**ASCLD absent**). **2020-03-30 to 2023-06-29: ABFT / ILAC MRA only — CAP alone did not satisfy the rule.** Before 2020-03-30 a different list applied (attorney review) | 19 CSR 25-30.021(3)(B) | ✅ (2026-10-06: SOS May 2023 edition for the 2020–2023 window; current text for the rest) |

⛔ No "200-test" calibration interval exists in 19 CSR 25-30. **SFST/HGN are not adopted
by rule** (HGN 4-clue threshold is case law — §4).

## 2. Administrative license revocation (civil track)

| Item | Value | Authority | Status |
|---|---|---|---|
| Suspension/revocation determination | probable cause + BAC ≥ .08 (.02 if under 21) | § 302.505.1 (eff. 2001-09-29) | ✅ |
| **Hearing-request deadline** | **15 days** from receipt of notice; temp permit issues | § 302.530 (eff. 2012-08-28) | ✅ (was mis-seeded as § 302.525) |
| Trial de novo; burden on the State | petition to circuit court; civil rules | § 302.535.1 (eff. 2002-08-28) | ✅ |
| Notice form | **Form 2385**, Notice of Suspension/Revocation of Driving Privilege (rev. 08-2026), with 15-day temporary permit if license taken | DOR Form 2385; DOR DWI page | ✅ (2026-10-01) — ⛔ "Form 4307" is **not** the notice; do not use it |
| How the request is filed | **written** request; must be filed on or before the effective date = **15 days after issuance if hand-delivered**, **18 days from mailing if DOR mailed the notice**; if sent by U.S. mail postage prepaid, the **postmark date is the filing date**; may also be made electronically as the director prescribes | 12 CSR 10-24.030(1) | ✅ (2026-10-01) |
| Weekend/holiday | if the effective date falls on a Sat/Sun/state legal holiday, a request filed the next business day is timely | 12 CSR 10-24.030(1); 12 CSR 10-24.340(1)(A) (same rule for any DOR compliance act) | ✅ (2026-10-01 / 2026-10-02) |
| Mailed notice — two clocks | statute: 15 days from **receipt**; rule: 18 days from **mailing**. If the notice arrived within 1–2 days, the statute's date can come first — use the earlier | § 302.530.1; 12 CSR 10-24.030(1) | ✅ (reading, 2026-10-02) |
| Appeal of the DOR decision | decision final unless appealed to circuit court (county of arrest) within **15 days** of mailing / notice of the decision | § 302.530.6–.7 | ✅ (2026-10-02) — track the statute, not rule (10)'s wording |
| No timely request | hearing denied; DOR FAQ: "no further appeal is possible" | DOR administrative-alcohol FAQ | ✅ (agency statement, 2026-10-01) |
| Computation of time (Sundays only) | last day excluded only if a Sunday; no holiday/Saturday rule; "legal holiday" undefined | § 1.040 (pulled 2026-10-06) | ✅ |
| Missouri legal holidays | Jan 1; 3rd Mon Jan; Feb 12; 3rd Mon Feb; May 8; last Mon May; June 19; July 4; 1st Mon Sept; **2nd Mon Oct**; Nov 11; 4th Thu Nov; Dec 25 — Sunday holiday observed Monday | § 9.010 (eff. 2022-08-28) | ✅ (2026-10-02) — § 9.010 says "public holidays"; 12 CSR 10-24.030(1) and 24.340(1)(A) say "legal holiday" without defining it (24.340 verified 2026-10-02, SOS PDF; eff. 2024-09-30). ⛔ Whether § 9.010 supplies the rules' term is an interpretation call — when a rollover depends on a holiday, lead with the earlier date |
| DOR mailing address / fax | the rule names Driver License Bureau, PO Box 3700; the DOR FAQ names General Counsel's Office, PO Box 475, fax (573) 751-7151 — **they differ** | 12 CSR 10-24.030(1); DOR FAQ | ⛔ do not state an address; use the one printed on the person's Form 2385 or current DOR site |

### Refusal revocation (chemical-test refusal) — § 302.574 (eff. 2026-08-28)

| Item | Value | Authority | Status |
|---|---|---|---|
| Officer serves revocation notice, takes license, issues **15-day temporary permit** + notice of right to petition | — | § 302.574.1 | ✅ (2026-10-01) |
| Revocation | **1 year** | § 302.574.3 | ✅ |
| Petition for review | in the **circuit (or associate) division in the county of arrest/stop**; may ask the court to **stay** the revocation | § 302.574.4 | ✅ |
| Hearing issues | arrest/stop; reasonable grounds; refusal | § 302.574.4(1)–(3) | ✅ (cf. *Hinnah*, §9) |
| **Filing deadline** | **30 days after notice of revocation.** § 302.574 states none; § 302.311 allows an appeal "at any time within **thirty days** after notice," and *Romans v. Dir. of Revenue*, **783 S.W.2d 894, 896** (Mo. banc 1990), holds that limit applies to refusal revocations — a late petition bars the court from considering it (judgment void) | § 302.311; *Romans* | ✅ CL (opinion text, 2026-10-02) — *Romans* construed former § 577.041 (now § 302.574, recodified 2017-01-01, amended 2026 H.B. 1740); no case construing § 302.574 with § 302.311 was found. Venue still § 302.574.4. *Boin v. Dir. of Revenue*, 455 S.W.3d 506 (Mo. App. W.D. 2015), reportedly follows *Romans* (jurisdictional; driver must plead/prove timeliness) — existence ✅, holding ⛔ not read. |
| Computing court/statutory periods | exclude the trigger day; include the last day unless Sat/Sun/legal holiday, then the next such day | Mo. Sup. Ct. R. 44.01(a); *Koelkebeck v. Dir. of Revenue*, 356 S.W.3d 805 (Mo. App. W.D. 2012) (applied to a 30-day license-review period with a holiday) | ✅ (rule text; *Koelkebeck* opinion text 2026-10-02) |
| SATOP before reinstatement | required | § 302.574.7 | ✅ |

Note: the refusal **revocation** now lives in § 302.574; § 577.041 still holds the refusal
evidence rules and the 20-minute attorney rule (§3). Cases citing "the § 577.041
revocation hearing" (e.g. *Hinnah*) pre-date the transfer.

## 3. Implied consent & the 20-minute attorney rule

- **§ 577.020.1(1)** (eff. 2017-01-01) — implied consent; attaches on arrest for an
  offense arising from acts the officer had **reasonable grounds** to believe were
  committed while driving intoxicated. ✅
- **§ 577.041.3** (eff. 2017-01-01) — on request for counsel, **20 minutes** to attempt
  to contact an attorney; continued refusal after = refusal. ✅
  - *Norris v. Dir. of Revenue*, **304 S.W.3d 724** (Mo. banc 2010) — request before the
    advisory still triggers the rule; 20 min run after the advisory; **Director bears the
    burden to prove lack of prejudice**. ✅ CL
  - *Snider v. Dir. of Revenue*, **314 S.W.3d 841** (Mo. App. S.D. 2010) — calling a
    non-attorney ≠ abandonment; Director must prove abandonment. ✅ (Firecrawl)
  - *Ross v. Dir. of Revenue*, **311 S.W.3d 732** (Mo. banc 2010, SC90317) — reasonable-
    grounds; **NO current 90-minute arrest limit** (former § 577.039 → § 544.218). ✅ CL
    *(supersedes the WD69900 disposition — do not cite WD69900 as final.)*

## 4. Field sobriety / HGN (case law only)

- *State v. Hill*, **865 S.W.2d 702** (Mo. App. W.D. 1993) — properly administered HGN by
  a trained officer is admissible; **4 of 6 clues = substantial evidence**. ✅ CL
  **Survives** *State v. Carson*, **941 S.W.2d 518** (Mo. banc 1997) — *Carson* overruled
  *Hill* only on the MAI-instruction point, **not** the HGN foundation. ✅ CL
- *Duffy v. Dir. of Revenue*, **966 S.W.2d 372** (Mo. App. W.D. 1998) — officer must know/
  apply the 4-clue threshold or the HGN lacks foundation (harmless there). ✅ CL
- **§ 577.029** (eff. 2018-08-28; one paragraph, no subsections) — blood drawn only by a licensed physician, registered nurse, phlebotomist, or trained medical technician at the officer's request, with consent or a warrant; previously unused sterile needle and sterile vessel; on the tested person's request, full information about the test must be made available. ✅ (2026-10-01)
- *Holloway v. Dir. of Revenue*, **324 S.W.3d 768** (Mo. App. S.D. 2010) — training
  currency is one credibility factor. ✅ (Firecrawl)

## 5. Breath-test foundation (case law)

- *Coyle v. Dir. of Revenue*, **181 S.W.3d 62** (Mo. banc **2005**) — origin of the
  **presumption of invalidity** for a 15-min observation violation. ✅ CL
  ⚠️ **Overruled in part**: *White v. Dir. of Revenue*, **321 S.W.3d 298** (Mo. banc
  **2010**) named *Coyle* among cases that applied § 302.535 to create a presumption
  of validity for the Director's evidence or to burden the driver, and overruled them
  "to the extent" they did so. Whether that reaches the observation-period
  proposition is an **⛔ OPEN attorney question** — do not state *Coyle* as
  settled burden-allocation law. ✅ CL (2026-10-06)
- *Hurt v. Dir. of Revenue*, **291 S.W.3d 251** (Mo. App. S.D. 2009) — applies *Coyle*
  (chewing tobacco in mouth); no additional proof of contamination needed. ✅ CL
  *Hurt* (2009) predates *White* (2010); its burden language carries the same ⛔ OPEN flag.
- *Raisher v. Dir. of Revenue*, **276 S.W.3d 362** (Mo. App. W.D. 2009) — a material
  two-result spread (.078/.094) with no error code leaves the Director's proof in
  equipoise. ✅ (FC)
  ⛔ Do **not** name "destructive contradictions": *State v. Porter*, **439 S.W.3d 208**,
  213 (Mo. banc 2014) abolished that doctrine. *Raisher*'s equipoise disposition does
  not depend on the label.

## 6. PBT / PAS — ⚠️ CORRECTED

- **§ 577.021.3** (eff. 2017-01-01) — a PBT is admissible **as probable cause and as
  exculpatory evidence, but NOT as evidence of BAC**; §§ **577.019 and 577.020** do not
  apply to a pre-arrest PBT. ✅
  ⛔ **Do NOT say § 577.021 exempts the PBT from § 577.026** — **§ 577.026 was repealed**
  (L. 2014 S.B. 491, eff. 2017-01-01). That proposition survives in pre-2017 cases only.
  - *State v. Morgenroth*, **227 S.W.3d 517** (Mo. App. S.D. 2007). ✅ (FC)
  - *State v. Robertson*, **328 S.W.3d 745** (Mo. App. W.D. 2010) — PBT calibration =
    weight/credibility, not admissibility. ✅ (FC)

## 7. Stop / Fourth Amendment

- *State v. Loyd*, **326 S.W.3d 908** (Mo. App. W.D. 2010) — enumerated insufficient stop
  bases; unlawful stop → suppression of all that follows incl. the chemical test. ✅ (FC)

## 8. Confrontation Clause — lab / blood evidence

Cite the **full chain**, never *Crawford* alone; cite *Smith* for any surrogate-analyst scenario:
- *Crawford v. Washington*, 541 U.S. 36 (2004); *Melendez-Diaz v. Massachusetts*, 557 U.S.
  305 (2009); *Bullcoming v. New Mexico*, 564 U.S. 647 (2011). ✅ (well-settled)
- *Smith v. Arizona*, **602 U.S. 779** (2024) — rejects "basis-not-for-truth" surrogate. ✅ CL

## 9. Hearing framework & burden

- *White v. Dir. of Revenue*, **321 S.W.3d 298** (Mo. banc 2010) — § 302.535 puts both
  production + persuasion on the Director; no presumption of validity; cross-exam alone
  can defeat it. ✅ CL
- *Hinnah v. Dir. of Revenue*, **77 S.W.3d 616** (Mo. banc 2002) — the § 577.041 refusal
  hearing is limited to 3 issues: arrest; reasonable grounds; refusal. ✅ CL

## 10. Criminal DWI — offense, classification & sentencing exposure ✅ (was ⛔)

**⚠️ § 577.023 is procedure only** (pleading/proof/findings for repeat-offender status;
jury not told the range). It does **not** contain the definitions or ranges. Correct map:

- **§ 577.010.1** (current version eff. **2026-08-28**, L. 2026 H.B. 1740; re-verified
  2026-10-01) — DWI = operating a vehicle while intoxicated. The prior version (eff. 2017-08-28,
  ended 2026-08-28) was pulled 2026-10-06: same .2–.6(5) numbering; continuous monitoring is .6(6) (now .7);
  **.8/.9 do not exist in it**. Versions before 2017-08-28 ⛔ not pulled. Ask for the offense date. **§ 577.012** — driving with excessive BAC (≥ .08; .04 CMV).
- **Definitions — § 577.001** (eff. 2020-08-28): **prior** (1 IRTO "within five years of
  the occurrence of" the charged IRTO), **(20)**; **persistent** (2+ IRTOs on separate
  occasions, or 1 involving injury/death), **(18)**; **aggravated** (3+, or 2 with one
  injury/death), **(1)**; **chronic** (4+, or 3 with one injury/death), **(5)**;
  **habitual** (5+, or 4 with one injury/death), **(11)**; IRTO defined at **(15)**. ✅
  **Lookback (resolved 2026-10-01 from the text):** the five-year language appears **only**
  in (20) *Prior*. The *Persistent / Aggravated / Chronic / Habitual* definitions contain
  **no time window**. ✅ text — still say "confirm with an attorney" before applying it to
  a specific record (how a given prior is counted can turn on case law).
  ✅ **RESOLVED 2026-10-02 — SIS as a counted prior.** A prior guilty plea or finding of guilt
  followed by an SIS **counts**. Current § 577.023.4 (eff. 2017-01-01) proves status by "findings
  of guilt"; the § 577.001 tiers turn on being "found guilty"; § 577.001(15) covers state, county,
  and municipal offenses. *Turner v. State*, 245 S.W.3d 826, 828 (Mo. banc 2008): a guilty plea
  with SIS, though "technically … not a conviction," "may be used to enhance punishment"; *Turner*
  excluded only **municipal** SIS priors, by lenity, because the then-statute conflicted. The
  legislature answered *Turner* (2009 S.B. 930 history, recounted in *State v. Downing*, 359 S.W.3d
  69 (Mo. App. 2011)); former § 577.023.16 then counted a municipal SIS (*State v. Coday*, 496
  S.W.3d 572 (Mo. App. 2016)) — both pre-2017 history, not authority for the current text — and the 2017 text no longer contains the conflicting sentence. ✅ CL
  (opinion text). No post-2017 appellate case pulled. The Revisor annotation to older § 577.023 also cites *State v. Haskins*, 950 S.W.2d 613 (Mo. App. S.D. 1997) (municipal DWI plea with SIS = IRTO) — annotation only, opinion not pulled, pre-2017 history. **Don't cite *Meggs*** (1993 statute). Say a
  past SIS **counts**; still confirm the record.
- **Classification + ceilings** (§ 577.010.2 / § 558.011 / § 558.002):

| Status | DWI class | Prison exposure | Fine ceiling | Key DWI restriction (§ 577.010.6) |
|---|---|---|---|---|
| First offense | Class B misd. | up to 6 mo | $1,000 | SIS ⇒ ≥2 yrs probation (treatment-court alt., § 577.010.3) |
| Prior offender | Class A misd. | up to 1 yr | $2,000 | **No SIS**; ≥10 days before parole/probation* |
| Persistent | Class E felony | up to 4 yrs | $10,000 | **No SIS**; ≥30 days* |
| Aggravated | Class D felony | up to 7 yrs | $10,000 | **No SIS**; ≥60 days |
| Chronic | Class C felony | 3–10 yrs | $10,000 | **No SIS**; ≥2 years |
| Habitual | Class B felony | 5–15 yrs | none listed in § 558.002.1 | **No SIS**; ≥2 years |
| Repeat death offense under § 577.010.2(7) | Class A felony | 10–30 yrs or life (§ 558.011.1(1), version eff. 2021-08-28; later version eff. 2028-01-01 not stated) | none listed in § 558.002.1 | ≥10 yrs before parole/probation, § 577.010.9 (offenses on/after 2026-08-28 only) |

Pin-cites for the current (2026-08-28) § 577.010, re-verified 2026-10-01: classes —
first **.2(1)**, prior **.2(2)(a)**, persistent **.2(3)**, aggravated **.2(4)(a)**, chronic
**.2(5)(a)**, habitual **.2(6)(a)**; first-offense SIS conditions **.3** (opens "Notwithstanding the provisions of subsection 2"; the two routes are joined by "or"); no SIS / no fine in
lieu of jail for any repeat tier **.6(1)**; minimum time before parole/probation — prior
**.6(2)** (alternative: 30 days community service or treatment program), persistent
**.6(3)** (alternative: 60 days community service or treatment program), aggravated
**.6(4)**, chronic/habitual **.6(5)**; BAC-based minimums when SIS is denied under .3 —
.15–.20: ≥48 hrs, >.20: ≥5 days, **.5**; death of a person under .2(6)(b) — ≥5 years before parole/probation, **.8**; class A felony under .2(7) — ≥10 years, **.9**. Prison ranges: § 558.011.1 (B felony 5–15,
**.1(2)**; C felony 3–10, **.1(3)**). Fines: § 558.002.1.
\*The alternatives above (prior/persistent) are verified at § 577.010.6(2)–(3) in the
2026 text; **do not** cite § 577.010.3 for them. Other § 577.010.2 conditions can
independently raise the class (e.g. a passenger under 17 → class A misd., **.2(2)(b)**;
injury/death → **.2(4)(b)–(7)**).
**Verify the offender history and the operative statute date before stating exposure.**

## 11. Consequences (client-explainer) — ⚠️ sourcing corrected

- **SATOP** — defined at **§ 302.010(24)** (not § 577.001); reinstatement requires
  completion, **§ 302.540.1**. ⛔ **No fixed hour count** — the assessment sets scope. ✅
- ⛔ **§ 302.441** is only the interlock **employment-exemption variance** — never cite it
  for interlock requirements generally. First-offense administrative restricted driving
  privilege requires a functioning interlock: **§ 302.525.2(1)** ✅ (2026-10-01).
- **Ignition interlock (IID)** — eligibility/duration are in **Chapter 302**, not
  §§ 577.600–.614 (those create related **offenses**). Court-ordered: **§ 302.440**;
  administrative: **§ 302.525**; 5/10-yr denial reinstatement: **§ 302.060**. Duration
  generally **≥ 6 months** from reinstatement, extended by violations in the last 3 mo. ✅
- **LDP vs RDP** (not interchangeable): **§ 302.309** = Limited Driving Privilege;
  **§ 302.010(20) / § 302.525** = Restricted Driving Privilege (60-day, or 90-day
  interlock RDP). ✅
- **SIS vs SES** — **§ 557.011.2(3)–(4)** (operative version eff. 2013-08-28): SIS = no sentence imposed; SES = sentence
  pronounced, execution suspended. Probation terms **§ 559.016** (misd. 6 mo–2 yr; felony
  1–5 yr). DWI-specific bars per § 577.010.6. ✅

## 12. Commercial driver's licenses (CDL)

- **§ 302.755.1(1)** (eff. 2021-08-28) — disqualified from driving a CMV for **not less
  than one year** if convicted of a first violation of driving **a motor vehicle** (not
  limited to a CMV) under the influence, **or of an alcohol-related enforcement contact as
  defined in § 302.525.3**. **.2** — ≥3 years if hauling hazmat. **.3** — **lifetime** for
  two or more such violations from separate incidents (the director "may issue rules" reducing it to ≥10 years;
  ⛔ no current implementing rule located 2026-10-06 — the rule found was rescinded eff. 1999; never promise a reduction). ✅ (2026-10-06)
- **49 C.F.R. § 384.226** — a state "must not mask, defer imposition of judgment, or allow an
  individual to enter into a diversion program that would prevent a CLP or CDL holder's
  conviction for any violation, in any type of motor vehicle," of a traffic law from appearing
  on the CDLIS record. ✅ (eCFR, current as of 2026-09-30; pulled 2026-10-02)
- **§ 302.700.2(12)** — "conviction" includes pleas of guilty and nolo contendere
  "regardless of whether the penalty is rebated, suspended or prorated." ✅
- **§ 302.225.1** (eff. 2005-09-30) — every court must forward to DOR "a record of any plea or
  finding of guilty" for a moving violation; the director transmits conviction information "as
  required in 49 CFR Part 384." ✅ (2026-10-02)
- **DOR Form 899** (driver-record violation descriptions) — "Suspended Imposition of Sentence (SIS)
  convictions received under §302.725, RSMo, are included on the driver record if the driver was
  a CDL holder or operating a commercial motor vehicle at the time of the stop." ✅ (dor.mo.gov,
  2026-10-02; the § 302.725 cross-reference is DOR's wording.)
  ✅ **RESOLVED 2026-10-02:** an SIS does **not** protect a CDL — the plea is reported (§ 302.225.1),
  counts as a "conviction" (§ 302.700.2(12)), may not be masked (§ 384.226), and DOR records it
  (Form 899). No case pulled. Say an SIS **does not** protect a CDL, cite these, and escalate.
  ⛔ **OPEN (2026-10-02):** whether an SIS received **before** the person held a CDL counts toward the
  § 302.755.3 lifetime rule. Form 899 records SIS dispositions only "if the driver was a CDL holder or
  operating a commercial motor vehicle at the time of the stop." Flag it; don't conclude. 49 C.F.R. § 383.51 (pulled 2026-10-06) subjects a "holder of a CLP or CDL" to disqualification when convicted, and counts a second conviction "of any combination of offenses" in a separate incident, but does not say whether an offense from before the person held a CDL is the first. Use hedged words only: a pre-CDL SIS "may count" toward the lifetime rule, "needs further attorney analysis"; never "would count" or "would not count." Federal reinstatement: § 383.51 lets a State reinstate a lifetime-disqualified driver after 10 years if the driver completes a State-approved rehabilitation program (paragraph not pinned) — an option, not a Missouri promise.
- ✅ **§ 302.525.3** (eff. 2026-08-28; pulled 2026-10-06): "alcohol-related enforcement contacts" include any suspension or revocation under §§ 302.500–302.540, any suspension or revocation in this or any other state for refusing chemical testing, and any conviction in this or any other state for a DWI-type violation. ⛔ OPEN: whether a DOR suspension alone triggers CDL disqualification (§ 302.755.1(1) says "convicted of") — quote, don't conclude.

---

## Verification protocol
1. Statutory text from the Missouri Revisor; regs from the SOS 19 CSR PDF — with the
   effective-date/`bid` version that is operative on the answer date.
2. Every case confirmed (existence + reporter cite) before it enters a skill.
3. Pin-cite to the subsection. Date-stamp everything; watch the Aug 28, 2026 amendments.
4. Anything unverified is marked ⛔ and does not ship as an assertion.
5. **A hedge does not expire within the same document.** If a skill flags a fact as
   unverified/unconfirmed anywhere in its output (e.g. "[CONFIRM WITH ATTORNEY]",
   "unverified"), every later sentence in that same output that relies on the fact must
   carry the same hedge — never restate it as "confirmed" a paragraph later just because
   the classification/deadline/conclusion built on it needs to sound settled.

## Provenance
Statutes/regs: Missouri Revisor + SOS 19 CSR PDF via Firecrawl (2026-07-30). Cases:
CourtListener-confirmed (2026-07-31). Breath-test constants cross-checked vs.
`sps18209/dui-review-backend` (verified 2026-04-29 / 2026-06-09).

*Not legal advice. Recognition-only legal information: the skills organize, explain, and
calculate deadlines from the user's own dates; they never advise, predict, or decide
admissibility. Confirm currency with the Revisor and the agency before relying on any rule.*