HB 1828 -- Driving While Intoxicated

Sponsor:  Roorda

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

(1)  Requires any person operating a motor vehicle with a
blood-alcohol content (BAC) of .15 or more at the time of an
arrest and who has had his or her license suspended or revoked as
a result of a previous offense of driving while intoxicated to
file proof with the Director of the Department of Revenue that
any motor vehicle he or she operates is equipped with a certified
ignition interlock device or that he or she is complying with a
court order requiring the utilization of a continuous alcohol
monitoring device before the person's driver's license is
reinstated or restricted driving privileges are issued;

(2)  Allows any circuit court to establish a DWI docket to
dispose of cases that stem from alcohol use;

(3)  Limits municipal court jurisdiction to certain cases
involving intoxication-related and driving while revoked
offenses;

(4)  Requires all court clerks to retain any record pertaining to
a conviction for an intoxication-related offense for at least 50
years;

(5)  Requires the municipal division of every circuit court to
prepare a biannual report regarding the number and disposition of
every intoxication-related offense adjudicated, dismissed, or
pending in court to the circuit court, en banc;

(6)  Increases, beginning January 1, 2011, the maximum fine that
may be issued in municipal courts for driving while intoxicated
by $1,000;

(7)  Specifies that a person will be guilty of child endangerment
in the first degree if he or she operates a vehicle in an
intoxicated condition while a child younger than 17 years of age
is in the vehicle.  Currently, it is a second degree offense;

(8)  Increases the penalty for driving with excessive BAC from a
class B misdemeanor to a class A misdemeanor if the person has a
BAC of .15 or more;

(9)  Allows a chemical analysis of the amount of controlled
substance in the blood, breath, saliva, or urine of a person on
trial for an intoxication-related offense to be admitted into
evidence;

(10)  Extends the amount of time a warrantless arrest can be made
after an alleged driving while intoxicated or with an excessive
BAC offense from one and one-half hours to two and one-half hours
after the alleged violation occurred;

(11)  Specifies that a refusal to submit to a chemical test will
create the presumption that the person is intoxicated and the
burden of proof will be for the defendant to rebut the
presumption;

(12)  Establishes Cary's Law which requires all intoxication-
related traffic arrests by state and local law enforcement
agencies and any action taken by the prosecutor subsequent to an
arrest for an intoxication-related traffic offense to be entered
into the State Highway Patrol's DWI Tracking System (DWITS)
within 30 days of the arrest or action.  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 any agency, prosecuting or circuit
attorney's office, or municipality that prosecutes municipal
ordinance violations and fails to comply with these provisions;

(13)  Allows a court to order as a condition of probation
following an intoxication-related traffic conviction a person to
use and provide a weekly affidavit asserting that he or she used
public transit or carpooled to and from work;

(14)  Requires every county to create a sober ride fund for the
purpose of reimbursing licensed taxicab companies for providing
rides to intoxicated individuals.  Moneys collected from the $20
court costs surcharge on all cases resulting in a conviction of
an intoxication-related traffic offense will be deposited into
the fund; and

(15)  Prohibits any person who is found guilty of or pleads
guilty to a first or subsequent intoxication-related offense when
the person's BAC was .15 or more at the time of arrest from
operating a vehicle unless the vehicle is equipped with a
functioning, certified ignition interlock device or the person
undergoes continuous alcohol monitoring for at least six months
from the date his or her driver's license is reinstated.

The provisions regarding Cary's Law become effective January 1,
2011.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:12 pm