HB 1743 -- Driving While Intoxicated

Sponsor:  Stevenson

This bill changes the laws regarding driving while intoxicated.
In its main provisions, the bill:

(1)  Adds to the list of moving violations in which points are
assessed against a person's driver's license the refusal to
submit to a chemical blood alcohol content (BAC) test for which
two points will be assessed.  Refusal to submit to a test will
also be a class A misdemeanor;

(2)  Prohibits any person whose driving record has a prior
alcohol-related enforcement contact or a driver's license denial
from receiving a limited driving privilege license;

(3)  Prohibits any person who has had his or her driver's license
suspended in the preceding five years for a driving while
intoxicated offense and had a BAC of .15 or more from receiving a
limited driving privilege license until the person's license has
been suspended or revoked for 90 days followed by 275 days of
restricted driving privilege;

(4)  Prohibits any person who has been convicted of, found guilty
of, or pled guilty to refusal to submit to a chemical BAC test
from receiving a limited driving privilege license;

(5)  Specifies that a person who operates a motor vehicle with a
BAC of .15 or more who has no prior alcohol-related enforcement
contacts during the preceding five years will have his or her
driver's license revoked for 90 days followed by 275 days of
restricted driving privilege;

(6)  Specifies that "alcohol-related enforcement contacts" will
include the refusal to submit to a chemical test;

(7)  Requires the course of instruction that all municipal judges
must complete to include a review of state laws regarding
intoxication-related offenses, jurisdictional issues related to
those offenses, reporting requirements for courts, and required
assessment for offenders under the Substance Abuse Traffic
Offender Program (SATOP);

(8)  Specifies that offenses involving operating a motor vehicle
while intoxicated where the defendant has had a previous
intoxication-related traffic offense, had any alcohol-related
contacts, had a BAC of .15 or more, or any offense involving the
refusal to submit to a chemical test will not be cognizable in a
municipal court;

(9)  Requires law enforcement agencies, prosecutors, circuit
courts, and municipal courts to enter all information for
intoxication-related offenses into the State Highway Patrol's DWI
Tracking System (DWITS).  The patrol must report to the
Department of Public Safety and the Governor any agency that
fails to submit the required information.  The Governor may
withhold state funds to an agency that fails to comply with this
provision;

(10)  Increases the penalty for a person guilty of a driving
while intoxicated offense from a class B misdemeanor to a class A
misdemeanor if the person had a BAC of .15 or more;

(11)  Specifies that any person who pleads guilty to driving
while intoxicated, an excessive BAC offense, or refusal to submit
to a chemical test and is granted a suspended imposition of
sentence cannot later withdraw that plea;

(12)  Specifies that a person will be guilty of a class A
misdemeanor for refusing to submit to a chemical test if the law
enforcement officer has probable cause to believe that the driver
is intoxicated and informs the driver of the penalty for
refusing.  Any subsequent violation will be a class D felony;

(13)  Allows courts to search the DWITS or the certified driving
record maintained by the Department of Revenue for prior
alcohol-related driving offenses and requires any person who has
been convicted of, pled guilty to, or has been found guilty of an
intoxication-related traffic offense to have the record of the
offense assessed against the person's driving record by the
department director;

(14)  Changes the legal standard for a warrantless arrest as a
result of a driving while intoxicated or an excessive BAC offense
from reasonable grounds to probable cause and removes the
requirement that the arrest be made within one and one-half hours
after the violation;

(15)  Requires any person who has had a driver's license
suspended or revoked in violation of Section 577.041, RSMo, and
whose driving record shows a prior alcohol-related enforcement
contact or who has had a license to operate a motor vehicle
suspended or revoked for driving while intoxicated when
classified as a class A misdemeanor or for refusing to submit to
a chemical test to have any motor vehicle operated by the person
equipped with an ignition interlock device; and

(16)  Removes the provisions which allow for the expungement of a
person's first alcohol-related driving offense after 10 years
without another alcohol-related traffic offense.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:11 pm