SS SCS HCS HB 1695, 1742 & 1674 -- INTOXICATION-RELATED TRAFFIC
OFFENSES

This bill changes the laws regarding intoxication-related traffic
offenses.  In its main provisions, the bill:

(1)  Specifies that a DWI docket or court may grant limited
driving privileges to a participant or graduate of the program
who would otherwise be ineligible for the privilege.  However,
the DWI docket or court cannot grant a limited driving privilege
to a person during his or her initial 45 days of participation
(Section 302.309, RSMo);

(2)  Removes the provision specifying that no chemical test will
be given to a person with a commercial driver's license who
refuses to submit to a chemical test at the request of a law
enforcement officer (Section 302.750);

(3)  Allows any circuit court or the county municipal court of
Jackson County to establish a DWI docket or court to provide an
alternative for the disposition of a driving while intoxicated or
driving with excessive blood alcohol content (BAC) case when the
person operating a motor vehicle has a BAC of at least .15, the
person has previously pled guilty to or has been found guilty of
one or more intoxication-related traffic offenses, or the person
has two or more previous alcohol-related enforcement contacts.
The court may assess any and all necessary costs for
participation in a DWI court against the participant; and all
moneys received by the court will not be considered court costs,
charges, or fines.  A DWI docket or court may operate in
conjunction with a drug court, and a drug court commissioner may
preside over a DWI court or any other treatment or problem-
solving court (Sections 478.001 and 478.007);

(4)  Specifies that any offense involving the operation of a
motor vehicle in an intoxicated condition will not be cognizable
in municipal court if the defendant has been convicted of, found
guilty of, or pled guilty to two or more previous intoxication-
related traffic offenses or has had two or more previous
alcohol-related enforcement contacts (Section 479.170);

(5)  Specifies that an application or execution of a search
warrant cannot be deemed invalid solely because it relies upon
electronic signatures of the peace officer or prosecutor seeking
the warrant or the judge issuing the warrant (Section 542.276);

(6)  Requires each law enforcement agency, county prosecuting
attorney, and municipal prosecutor to adopt a policy to report
the arrest and charge information for all intoxication-related
traffic offenses to the State Highway Patrol's central repository
and to certify the adoption of the policy when applying for any
grants administered by the Department of Public Safety.
Beginning January 1, 2011, the patrol must maintain regular
accountability reports of intoxication-related traffic offense
arrests, charges, and dispositions based on the data submitted
(Section 577.005);

(7)  Requires each municipal judge to receive adequate
instruction on the state laws regarding intoxication-related
traffic offenses including jurisdictional issues related to those
offenses, reporting requirements to the central repository, and
the required assessment for offenders under the Substance Abuse
Traffic Offender Program (SATOP) and requires each municipal
judge to adopt a written policy requiring court personnel to
timely report the dispositions of all charges for intoxication-
related traffic offenses to the central repository and to provide
a copy of the policy to the Office of State Courts Administrator
and the patrol.  Each municipal division of every circuit court
must prepare a report every six months that includes the total
number and disposition of every intoxication-related traffic
offense adjudicated, dismissed, or pending in its division and to
submit the report to the circuit court en banc for its review and
to make recommendations or take any appropriate action (Section
577.006);

(8)  Specifies that no person who operated a motor vehicle with a
BAC of .15 or more will be granted a suspended imposition of
sentence unless he or she participates and successfully completes
the requirements of a DWI court or docket or other court-ordered
treatment program.  If a suspended imposition of sentence is not
granted for a first offense, a person who operated a motor
vehicle with a BAC of between .15 and .20 must be imprisoned for
at least 48 hours and a person who operated a motor vehicle with
a BAC of greater than .20 must be imprisoned for at least five
days (Sections 577.010 and 577.012);

(9)  Changes the minimum imprisonment from five days to 10 days
for a prior offender and from 10 days to 30 days for a persistent
offender to be eligible for parole or probation, unless as a
condition, the person performs a specified amount of community
service or participates in and successfully completes a program
established under Section 478.007 or other court-ordered
treatment program.  A court is to include evidence received by a
search of the central repository, Driving While Intoxicated
Tracking System (DWITS), or the certified driving record
maintained by the Department of Revenue for prior intoxication-
related traffic offenses (Section 577.023);

(10)  Removes the provision requiring an intoxication-related
traffic offense arrest without a warrant to occur within 90
minutes of the alleged violation (Section 577.039);

(11)  Removes the provision specifying that no test will be given
to a person arrested or stopped for an alleged DWI offense who
refuses to submit to a chemical test at the request of a law
enforcement officer (Section 577.041); and

(12)  Specifies that after 10 years, upon application by an
individual, a court must enter an order of expungement if it
determines that the person with a first alcohol-related driving
offense has not been convicted of any subsequent alcohol-related
driving offense, has no other subsequent alcohol-related
enforcement contact, and has no other alcohol-related driving
charge or enforcement action pending at the time of the hearing
on the application.  This provision will not apply to a person
who has been convicted of driving a commercial motor vehicle
while under the influence of alcohol (Section 577.054).

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