SECOND REGULAR SESSION

[PERFECTED]

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1169 & 1271

88TH GENERAL ASSEMBLY

Taken up for Perfection March 20, 1996. House Substitute for House Committee Substitute for House Bills Nos. 1169 & 1271 ordered Perfected and printed, as amended.

DOUGLAS W. BURNETT, Chief Clerk

L2855.10P

AN ACT

To repeal sections 43.506, 82.1000, 302.060, 302.309, 302.500, 302.505, 302.510, 302.520, 302.530, 302.535, 302.541, 311.310, 311.325, 312.407, 479.500, 577.012, 577.020, 577.021, 577.023, 577.037, and 577.039, RSMo 1994, and sections 302.010, 302.171, 302.302, 302.312 and 577.614, RSMo Supp. 1995, relating to operation of motor vehicles, and to enact in lieu thereof twenty-six new sections relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 43.506, 82.1000, 302.060, 302.309, 302.500, 302.505, 302.510, 302.520, 302.530, 320.535, 302.541, 311.310, 311.325, 312.407, 479.500, 577.012, 577.020, 577.021, 577.023, 577.037, and 577.039, RSMo 1994, and sections 302.010, 302.171, 302.302, 302.312 and 577.614, RSMo Supp. 1995, are repealed and twenty-six new sections enacted in lieu thereof, to be known as sections 43.506, 82.1000, 302.010, 302.060, 302.171, 302.302, 302.309, 302.312, 302.500, 302.505, 302.510, 302.520, 302.530, 302.535, 302.541, 311.310, 311.325, 312.407, 479.500, 577.012, 577.020, 577.021, 577.023, 577.037, 577.039 and 577.614, to read as follows:

43.506. 1. Those offenses considered reportable for the purposes of sections 43.500 to 43.530 include all felonies and serious or aggravated misdemeanors consistent with the reporting standards established by the National Crime Information Center, Federal Bureau of Investigation, for the Federal Interstate Identification Index System. In addition, all cases arising [under] pursuant to sections 566.010 to 566.141, RSMo, where the defendant pleads guilty to an offense involving a child under seventeen years of age and the court imposes a suspended imposition of sentence shall be reported. The following types of offenses [will] shall not be considered reportable for the purposes of sections 57.403, RSMo, 43.500 to 43.530, and 595.200 to 595.218, RSMo: disturbing the peace, curfew violation, loitering, false fire alarm, disorderly conduct, nonspecific charges of suspicion or investigation, and general traffic violations and all misdemeanor violations of the state wildlife code. [Second and subsequent offense traffic] All violations for driving under the influence of drugs or alcohol are reportable. All offenses considered reportable shall be reviewed annually and noted in the Missouri charge code manual established in section 43.512. All information collected [under] pursuant to sections 43.500 to 43.530 shall be available only as set forth in section 610.120, RSMo.

2. With the exception of the manual reporting of arrests and fingerprints by law enforcement agencies as noted in subsection 2 of section 43.503, and notwithstanding subsections 2 to 7 of section 43.503, law enforcement agencies, court clerks, prosecutors and custody agencies may report required information by electronic medium either directly to the central repository or indirectly to the central repository via other criminal justice agency computer systems in the state with the approval of the advisory committee.

3. In addition to the repository of fingerprint records for individual offenders, the central repository of criminal history records for the state shall maintain a repository of latent prints.

82.1000. 1. In addition to forfeiture proceedings pursuant to sections 513.600 to 513.645, RSMo, the governing body of any constitutional charter city having a population of more than one hundred thousand inhabitants and located within a county of the first classification that adjoins no other county of the first classification may enact ordinances which would subject to forfeiture any motor vehicle operated by a person with one or more prior convictions for an intoxicationrelated traffic offense, as defined in section 577.023, RSMo, who is prohibited from obtaining a license to operate a motor vehicle by the director of revenue pursuant to subdivision (9) or (10) of section 302.060, RSMo, or who has [his] the person's license to operate a motor vehicle suspended or revoked, as a result of a finding or a plea of guilty to:

(1) Any intoxicationrelated traffic offense as defined in section 577.023, RSMo; or

(2) Involuntary manslaughter as a result of operating a motor vehicle while in an intoxicated condition as defined in section 565.024, RSMo.

Such forfeiture pursuant to this subsection shall only be allowed if such person operates a motor vehicle while [his] the person's license to operate a motor vehicle is under such a suspension or revocation.

2. The ordinance allowing forfeitures pursuant to this section may also provide for the impoundment and forfeiture of a motor vehicle operated by any person who is classified as a prior offender or persistent offender pursuant to section 577.023, RSMo, after the effective date of such ordinance, except that a judgment of forfeiture may only be rendered if there is a conviction of an intoxicationrelated traffic offense which causes the owner of the motor vehicle to be classified as a prior or persistent offender.

3. The ordinance allowing the forfeitures pursuant to this section may also provide for the impoundment and forfeiture of a motor vehicle operated by any person who has previously been [adjudicated in a prior criminal proceeding to be either a persistent offender or a prior offender] convicted of two or more intoxication-related traffic offenses, as defined in section 577.023, RSMo, and who thereafter, pursuant to a chemical test conducted in accordance with sections 577.020 to 577.041, RSMo, is determined upon probable cause to have been driving a motor vehicle with a bloodalcohol concentration equal to or greater than the bloodalcohol percentage concentration specified in subsection 1 of section 302.520, RSMo, or any such person who, pursuant to section 577.041, RSMo, has been requested to submit to a chemical test as described [under] pursuant to that section, and refused to submit to such test. [No ordinance allowing forfeiture shall apply to any person who has received an otherwise lawful license or permit to operate a motor vehicle.]

4. All forfeiture proceedings pursuant to this section shall be conducted in accordance with sections 513.600 to 513.645, RSMo, except the forfeiture proceeding shall be brought by the city attorney for the city which enacted such ordinances.

5. The ordinance shall also provide that any person claiming an ownership interest in the motor vehicle subject to forfeiture shall have all the defenses to the forfeiture proceeding available to them which they may be entitled to raise [under] pursuant to sections 513.600 to 513.645, RSMo. The ordinance shall further provide that, in the event the title documents registered with the department of revenue for the motor vehicle subject to forfeiture, at the time of the action giving rise to the forfeiture proceeding, list persons as owners or coowners of the vehicle in addition to or other than the operator, and the nonoperator owner of the motor vehicle has not previously been the operator or the owner of, a motor vehicle which has been the subject of a forfeiture proceeding authorized by this section, the motor vehicle shall be returned to the nonoperator registered owner and all costs associated with the seizure, towing, storage and impoundment of the vehicle, and the payment of all court costs and reasonable attorney fees associated with the forfeiture proceeding shall be paid by the owners or the operator of [said] the vehicle. To be entitled to return of the vehicle all owners shall execute a written agreement with the municipality stipulating and consenting to the seizure and forfeiture of the motor vehicle in the event such motor vehicle is subsequently operated by the same operator [while in an intoxicated condition] under circumstances which would allow the municipality to seek forfeiture of such vehicle [under the] pursuant to an ordinance [enacted pursuant to] authorized by this section.

302.010. Except where otherwise provided, when used in this chapter, the following words and phrases mean:

(1) "Circuit court", each circuit court in the state;

(2) "Commercial motor vehicle", a motor vehicle designed or regularly used for carrying freight and merchandise, or more than fifteen passengers;

(3) "Conviction", any final conviction; also a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction, except that when any conviction as a result of which points are assessed [under] pursuant to section 302.302 is appealed, the term "conviction" means the original judgment of conviction for the purpose of determining the assessment of points, and the date of final judgment affirming the conviction shall be the date determining the beginning of any license suspension or revocation [under] pursuant to section 302.304;

(4) "Director", the director of revenue acting directly or through [his] the director's authorized officers and agents;

(5) "Farm tractor", every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry;

(6) "Highway", any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways, or alleys in any municipality;

(7) "Incompetent to drive a motor vehicle", a person who has become physically incapable of meeting the prescribed requirements of an examination for an operator's license, or who has been adjudged by a probate division of the circuit court in a capacity hearing of being incapacitated;

(8) "License", a license issued by a state to a person which authorizes a person to operate a motor vehicle;

(9) "Motor vehicle", any selfpropelled vehicle not operated exclusively upon tracks except motorized bicycles, as defined in section 307.180, RSMo;

(10) "Motorcycle", a motor vehicle operated on two wheels; however, this definition shall not include motorized bicycles as defined in section 301.010, RSMo;

(11) "Motortricycle", a motor vehicle operated on three wheels, including a motorcycle operated with any conveyance, temporary or otherwise, requiring the use of a third wheel;

(12) "Moving violation", that character of traffic violation where at the time of violation the motor vehicle involved is in motion, except that the term does not include the driving of a motor vehicle without a valid motor vehicle registration license, or violations of sections 304.170 to 304.240, RSMo, inclusive, relating to sizes and weights of vehicles;

(13) "Municipal court", every division of the circuit court having original jurisdiction to try persons for violations of city ordinances;

(14) "Nonresident", every person who is not a resident of this state;

(15) "Operator", every person who is in actual physical control of a motor vehicle upon a highway;

(16) "Owner", a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of sections 302.010 to 302.540;

(17) "Record" includes, but is not limited to, papers, documents, facsimile information, microphotographic process, electronically generated or electronically recorded information, digitized images, deposited or filed with the department of revenue;

(18) "School bus", when used in sections 302.010 to 302.540, means any motor vehicle, either publicly or privately owned, used to transport students to and from school, or to transport pupils properly chaperoned to and from any place within the state for educational purposes. The term "school bus" shall not include a bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interstate transportation of passengers when such bus is not traveling a specific school bus route but is:

(a) On a regularly scheduled route for the transportation of farepaying passengers; or

(b) Furnishing charter service for the transportation of persons enrolled as students on field trips or other special trips or in connection with other special events;

(19) "School bus operator", an operator who operates a school bus as defined in subdivision (18) of this section in the transportation of any school children and who receives compensation for such service. The term "school bus operator" shall not include any person who transports school children as an incident to [his] employment with a school or school district, such as a teacher, coach, administrator, secretary, school nurse, or janitor unless such person is under contract with or employed by a school or school district as a school bus operator;

(20) "Signature", any method determined by the director of revenue for the signing, subscribing or verifying of a record, report, application, driver's license, or other related document that shall have the same validity and consequences as the actual signing by the person providing the record, report, application, driver's license or related document;

(21) "Vehicle", any mechanical device on wheels, designed primarily for use, or used on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by handicapped persons.

302.060. The director shall not issue any license [hereunder] and shall deny any driving privilege held pursuant to this chapter:

(1) To any person who is under the age of eighteen years, if such person operates a motor vehicle in the transportation of persons or property as classified in section 302.015;

(2) To any person who is under the age of sixteen years, except as [hereinafter] provided in section 302.140;

(3) To any person whose license has been suspended, during such suspension, or to any person whose license has been revoked, until the expiration of one year after such license was revoked;

(4) To any person who is an habitual drunkard or is addicted to the use of narcotic drugs;

(5) To any person who has previously been adjudged to be incapacitated and who at the time of application has not been restored to partial capacity;

(6) To any person who, when required by this law to take an examination, has failed to pass such examination;

(7) To any person who has an unsatisfied judgment against [him] such person, as defined in chapter 303, RSMo, until such judgment has been satisfied or the financial responsibility of such person, as defined in section 303.120, RSMo, has been established;

(8) To any person whose application shows that [he] the person has been convicted within one year prior to such application of violating the laws of this state relating to failure to stop after an accident and to disclose [his] the person's identity or driving a motor vehicle without the owner's consent;

(9) To any person who has been convicted more than twice of violating state law, or a county or municipal ordinance[,] where the judge in such cases was an attorney and the defendant was represented by or waived the right to an attorney in writing, relating to driving while intoxicated; except that, after the expiration of ten years from the date of conviction of the last offense of violating such law or ordinance relating to driving while intoxicated, a person who was so convicted may petition the circuit court of the county in which such last conviction was rendered and the court shall review the person's habits and conduct since such conviction. If the court finds that the petitioner has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding ten years and that [his] the petitioner's habits and conduct show [him] such petitioner to no longer pose a threat to the public safety of this state, the court may order the director to issue a license to the petitioner if [he] the petitioner is otherwise qualified [under] pursuant to the provisions of sections 302.010 to 302.540. No person may obtain a license [under] pursuant to the provisions of this subdivision through court action more than one time;

(10) To any person who has been convicted twice within a fiveyear period of violating state law, or a county or municipal ordinance[,] where the judge in such cases was an attorney and the defendant was represented by or waived the right to an attorney in writing, of driving while intoxicated, or who has been convicted of the crime of involuntary manslaughter while operating a motor vehicle in an intoxicated condition. The director shall not issue a license to such person for five years from the date such person was convicted for involuntary manslaughter while operating a motor vehicle in an intoxicated condition or for driving while intoxicated for the second time. Any person who has been denied a license for two convictions of driving while intoxicated prior to July 27, 1989, shall have [his] the person's license issued, upon application, unless the two convictions occurred within a fiveyear period, in which case, no license shall be issued to the person for five years from the date of the second conviction;

(11) To any person who is otherwise disqualified [under] pursuant to the provisions of sections 302.010 to 302.780, chapter 303, RSMo, or section 544.046, RSMo.

302.171. 1. Application for a license shall be made upon an approved form furnished by the director. Every application shall state the full name, social security number, age, height, weight, color of eyes, color of hair, sex, residence, mailing address of the applicant, and the classification for which the applicant has been licensed, and, if so, when and by what state, and whether or not such license has ever been suspended, revoked, or disqualified, and, if revoked, suspended or disqualified, the date and reason for such suspension, revocation or disqualification and whether the applicant is making a one dollar donation to promote an organ donation program as prescribed in subsection 2 of this section. The application shall also contain such information as the director may require to enable [him] the director to determine the applicant's qualification for driving a motor vehicle; and shall state whether or not the applicant has been convicted in this or any other state for violating the laws of this or any other state or any ordinance of any municipality, relating to careless driving, or driving while intoxicated, or failing to stop after an accident and disclosing [his] the applicant's identity, or driving a motor vehicle without the owner's consent. The application shall contain a certification by the applicant as to the truth of the facts stated therein. Every person who applies for a license to operate a motor vehicle who is less than twenty-one years of age shall be provided with educational materials relating to the hazards of driving while intoxicated, including information on penalties imposed by law for violation of the intoxication-related offenses of the state, review a video in reference to accidents involving alcohol and drug abuse; provided by the department of mental health/alcohol and drug division; but not limited to the department's video, if other video on the subject is available. The video cost shall not exceed $3,000 to produce or purchase and distribute to state video facilities (approximately 60 sites).

2. An applicant for a license may make a donation of one dollar to promote an organ donor program. The director of revenue shall collect the donations and deposit all such donations in the state treasury to the credit of the organ donor program fund established in sections 194.297 to 194.304, RSMo. Moneys in the organ donor program fund shall be used solely for the purposes established in sections 194.297 to 194.304, RSMo, except that the department of revenue shall retain no more than one percent for its administrative costs. The donation prescribed in this subsection is voluntary and may be refused by the applicant for the license at the time of issuance or renewal of the license. The director shall make available an informational booklet or other informational sources on the importance of organ donations to applicants for licensure as designed by the organ donation advisory committee established in sections 194.297 to 194.304, RSMo. The director shall inquire of each applicant at the time the licensee presents the completed application to the director whether the applicant is interested in making the one dollar donation prescribed in this subsection and whether the applicant is interested in making an organ donation and shall also specifically inform the licensee of the ability to make an organ donation by completing the form on the reverse of the license that the applicant will receive in the manner prescribed by subsection 6 of section 194.240, RSMo. The director shall notify the department of health of information obtained from applicants who indicate to the director that they are interested in making organ donations, and the department of health shall enter only the complete name and address in the registry established in subsection 1 of section 194.304, RSMo.

302.302. 1. The director of revenue shall put into effect a point system for the suspension and revocation of licenses. Points shall be assessed only after a conviction or forfeiture of collateral. The initial point value is as follows:

(1) Any moving violation of a state law or county or municipal traffic

ordinance not listed in this section, other than a violation of vehicle equipment

provisions 2 points

(except any violation of municipal stop sign ordinance where no accident

is involved 1 point)

(2) Speeding

In violation of a state law 3 points

In violation of a county or municipal ordinance 2 points

(3) Leaving the scene of an accident in violation of section

577.060, RSMo 12 points

In violation of any county or municipal ordinance 6 points

(4) Careless and imprudent driving in violation of subsection 4 of

section 304.016, RSMo 4 points

In violation of a county or municipal ordinance 2 points

(5) Operating without a license after suspension or revocation and prior

to restoration of operating privileges which have been suspended or revoked 12 points

(6) Obtaining a license by misrepresentation 12 points

(7) For the first conviction of driving while in an intoxicated condition

or under the influence of controlled substances or drugs 8 points

(8) For the second or subsequent conviction of driving while in an

intoxicated condition or under the influence of controlled substances or drugs

or for the second or any subsequent conviction for driving with blood

alcohol content of tenhundredths of one percent or more by weight or,

where the person is less than twenty-one years of age, after a previous

conviction of driving with a positive blood alcohol content, as defined in

section 577.012, RSMo, or for the first conviction of driving while in an

intoxicated condition or under the influence of controlled substances or drugs

after a previous conviction for driving with blood alcohol content of tenhundredths

of one percent or more by weight or, where the person is less than twenty-one

years of age, for the first conviction of driving with a positive blood alcohol

content, as defined in section 577.012, RSMo, or for the first conviction

of driving with blood alcohol content of tenhundredths of one percent or more

by weight or, where the person is less than twenty-one years of age, for the

first conviction of driving with a positive blood alcohol content, as defined in

section 577.012, RSMo, after a previous conviction for driving while in an

intoxicated condition or under the influence of controlled substances or

drugs 12 points

(9) For the first conviction for driving with blood alcohol content of

tenhundredths of one percent or more by weight or, where the person is less

than twenty-one years of age, for the first conviction of driving with a positive

blood alcohol content, as defined in section 577.012, RSMo

In violation of state law 6 points

In violation of a county or municipal ordinance 6 points

(10) Any felony involving the use of a motor vehicle 12 points

(11) Knowingly permitting unlicensed operator to operate a motor

vehicle 4 points

2. An additional two points shall be assessed when personal injury or property damage results from any violation listed in subsection 1 of this section and if found to be warranted and certified by the reporting court.

3. When any of the acts listed in subdivision (2), (3), (4) or (7) of subsection 1 of this section constitutes both a violation of a state law and a violation of a county or municipal ordinance, points may be assessed for either violation but not for both. Notwithstanding that an offense arising out of the same occurrence could be construed to be a violation of subdivisions (7), (8) and (9) of subsection 1 of this section, no person shall be tried or convicted for more than one offense [under] pursuant to subdivisions (7), (8) and (9) of subsection 1 of this section for offenses arising out of the same occurrence.

4. The director of revenue shall put into effect a system for staying the assessment of points against an operator. The system shall provide that the satisfactory completion of a driver improvement program or, in the case of violations committed while operating a motorcycle, a motorcycle rider training course approved by the director of the department of public safety, by an operator, when so ordered and verified by any court having jurisdiction over any law of this state or county or municipal ordinance, regulating motor vehicles, other than a violation committed in a commercial motor vehicle as defined in section 302.700, shall be accepted by the director in lieu of the assessment of points for a violation [under] pursuant to subdivision (1), (2), or (4) of subsection 1 of this section or [under] pursuant to subsection 2 of this section. For the purposes of this subsection, the driver improvement program shall meet or exceed the standards of the National Safety Council's eighthour "Defensive Driving Course" or, in the case of a violation which occurred during the operation of a motorcycle, the program shall meet the standards established by the director of the department of public safety under sections 302.133 to 302.138. The completion of a driver improvement program or a motorcycle rider training course shall not be accepted in lieu of points more than one time in any thirtysixmonth period and must be completed within sixty days of the date of conviction in order to be accepted in lieu of the assessment of points. Every court having jurisdiction [under] pursuant to the provisions of this subsection shall, within fifteen days after completion of the driver improvement program or motorcycle rider training course by an operator, forward a record of the completion to the director, all other provisions of the law to the contrary notwithstanding. The director shall establish procedures for record keeping and the administration of this subsection.

302.309. 1. Whenever any license is suspended [under] pursuant to sections 302.302 to 302.309, the director of revenue shall return the license to the operator immediately upon the termination of the period of suspension and upon compliance with the requirements of chapter 303, RSMo.

2. Any operator whose license is revoked [under these] pursuant to sections 302.302 to 302.309, upon the termination of the period of revocation, shall apply for a new license in the manner prescribed by law.

3. [(1) All circuit courts] The director of revenue shall have jurisdiction to hear applications [for hardship] and make eligibility determinations granting limited driving privileges[, and such applications may be heard and determined by either circuit or associate circuit judges]. Such application shall be made in writing to the director of revenue and the person's reasons for requesting the limited driving privileges shall be made therein.

[(2)] 4. When [any court of record having jurisdiction] the director of revenue finds that an operator is required to operate a motor vehicle in connection with any of the following:

[(a)] (1) A business, occupation, or employment;

[(b)] (2) Seeking medical treatment for [himself] such operator;

[(c)] (3) Attending school or other institution of higher education;

[(d)] (4) Attending alcohol or drug treatment programs; or

[(e)] (5) Any other circumstance the [court] director finds would create an undue hardship on the operator; the [court] director may grant such limited driving privilege as the circumstances of the case justify if the [court] director finds undue hardship would result to the individual, and while so operating a motor vehicle within the restrictions and limitations of the [court order] limited driving privileges the driver shall not be guilty of operating a motor vehicle without a valid license.

[(3) An operator may make application to the proper court in the county in which such operator resides or in the county in which is located his principal place of business or employment.]

5. Any person who has received notice of denial of a request for limited driving privileges by the director of revenue may make a request for a review of the director's determination in the circuit court of the county in which the person resides or the county in which is located the person's principal place of business or employment within thirty days of the date of mailing of the notice of denial. Such review shall be based solely upon the records of the department of revenue and shall be limited to a review of whether the applicant was entitled to the limited driving privileges as a matter of law.

6. Any application for a [hardship] limited driving privilege [shall name the director as a party defendant and] shall be served upon the director prior to the grant of any limited privileges[, and shall be accompanied by a copy of the applicant's driving record as certified by the director]. Any [application by such operator] applicant for a [hardship] limited driving privilege shall [also be accompanied by] have on file with the department of revenue proof of financial responsibility as required by chapter 303, RSMo. Any application by a person who transports persons or property as classified in section 302.015 may be accompanied by proof of financial responsibility as required by chapter 303, RSMo, but if proof of financial responsibility does not accompany the application, the [court in its] director has discretion [may] to grant the [hardship] limited driving privilege to the person solely for the purpose of operating a vehicle whose owner has complied with chapter 303, RSMo, for that vehicle, and the [court's order] limited driving privilege must state such restriction. When operating such vehicle under such restriction the person [must] shall carry proof that the owner has complied with chapter 303, RSMo, for that vehicle.

[(4)] 7. The [court order granting the hardship] director's grant of the limited driving privilege shall indicate the termination date of the [order] privilege, which shall be not later than the end of the period of suspension or revocation. [A copy of the order shall be sent by the clerk of the court to the director, and a copy shall be given to the driver which shall be carried by him whenever he operates] The director of revenue shall give a copy of the limited driving privilege to the applicant. The applicant shall carry a copy of the limited driving privilege while operating a motor vehicle. A conviction which results in the assessment of points under the provisions of section 302.302, other than a violation of a municipal stop sign ordinance where no accident is involved, against a driver who is operating a vehicle under the authority of a [court order] limited driving privilege terminates the [order, and the court in which the conviction occurs shall immediately so notify the driver, the director and the court which granted the order.] privilege, as of the date the points are assessed to the person's driving record. If the date of arrest is prior to the issuance of the limited driving privilege, the privilege shall not be terminated. The director shall notify by ordinary mail the driver whose privilege is so terminated.

[(5) Except as provided in subdivision (6) of this subsection,] 8. No person is eligible to receive hardship driving privilege whose license has been suspended or revoked for the following reasons:

[(a)] (1) Who has been convicted of violating the provisions of section 577.010 or 577.012, RSMo, or any similar provision of any federal[,] or state[,] law, or a municipal or county law[,] where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing, until the person has completed the first thirty days of a suspension or revocation imposed [under] pursuant to this chapter;

[(b)] (2) Who has been convicted of any felony in the commission of which a motor vehicle was used;

[(c)] (3) Who at the time [he] the person applies for such [hardship] limited driving privilege would not be eligible for a license because of the provisions of subdivision (1), (2), (4), (5), (6), (7), (8), (9), (10) or (11) of section 302.060;

[(d)] (4) Because of operating a motor vehicle under the influence of narcotic drugs, a controlled substance as defined in chapter 195, RSMo, or having left the scene of an accident as provided in section 577.060, RSMo;

[(e)] (5) Who at the time [he] the person applies for a [hardship] limited driving privilege has previously been granted such a privilege within the period of five years next preceding such application;

[(f)] (6) Whose license has been revoked for the first time for failure to submit to a chemical test pursuant to section 577.041, RSMo, or for a refusal to submit to a chemical test in any other state, and who has not completed the first ninety days of such revocation;

[(g)] (7) Who has violated more than once the provisions of section 577.041, RSMo, or a similar implied consent law of any other state;

[(h)] (8) Who has had [his] the person's commercial driver's license disqualified [under] pursuant to sections 302.700 to 302.780[. However]; except that, nothing in this subsection shall prevent a person holding a commercial driver's license who is suspended or revoked as a result of an action occurring while not driving a commercial motor vehicle or driving for pay, but while driving in an individual capacity as an operator of a personal vehicle from applying for hardship driving privileges to operate a commercial vehicle, if otherwise eligible for such hardship privilege; or

[(i)] (9) Who has received a suspension [under] pursuant to subsection 2 of section 302.525 and who has not completed the first thirty days of such suspension, provided [he] the person is not otherwise ineligible for [hardship] limited driving privileges; or who has received a revocation under subsection 2 of section 302.525 and who has not completed such revocation.

[(6) (a) A circuit court] 9. Provided that pursuant to the provisions of this section the applicant is not otherwise ineligible for a limited driving privilege, the director may, in the manner prescribed in [this subsection] subsections 3 to 8 of this section, allow a person who has had [his] such person's license to operate a motor vehicle revoked where that person cannot obtain a new license for a period of ten years, as prescribed in subdivision (9) of section 302.060, to apply for limited driving privileges [under] pursuant to subsections 3 to 8 of this [subsection] section if such person has served at least three years of such disqualification or revocation. Such [a] person shall present evidence satisfactory to the [court] director that such person has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding three years and that [his] the person's habits and conduct show that the person no longer poses a threat to the public safety of this state[;].

[(b) A circuit court] 10. Provided that pursuant to the provisions of this section, the applicant is not otherwise ineligible for a limited driving privilege, the director may, in the manner prescribed in [this subsection] subsections 3 to 8 of this section, allow a person who has had [his] such person's license to operate a motor vehicle revoked where that person cannot obtain a new license for a period of five years because of two convictions for driving while intoxicated, as prescribed in subdivision (10) of section 302.060, to apply for limited driving privileges [under] pursuant to subsections 3 to 8 of this [subsection] section if such person has served at least two years of such disqualification or revocation. Such [a] person shall present evidence satisfactory to the [court] director that such person has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding two years and that [his] the person's habits and conduct show that the person no longer poses a threat to the public safety of this state.

11. Any person who is denied a license permanently in this state because of an alcoholrelated conviction subsequent to a restoration of [his] such person's driving privileges [under] pursuant to subdivision (9) of section 302.060 shall not be eligible for limited driving privileges [under] pursuant to the provisions of this [subdivision] section.

12. The director of revenue shall promulgate rules and regulations necessary to carry out the provisions of this section.

302.312. 1. Copies of all papers, documents, and records lawfully deposited or filed in the offices of the department of revenue or the bureau of vital records of the department of health and copies of any records, properly certified by the appropriate custodian or the director, shall be admissible as evidence in all courts of this state and in all administrative proceedings. [Before being admitted in evidence, the record shall be identified and proper foundation shall be laid.]

2. A computer terminal printout of an individual driving record through the Missouri uniform law enforcement system from the department of revenue database, certified by an officer of the local law enforcement agency, shall be admissible in evidence in all courts of this state. A local law enforcement agency equipped with a computer terminal shall provide a motor vehicle driver with a copy of such printout relating to the license of [same] such motor vehicle driver upon the execution of a written request. The local law enforcement agency may charge an administrative fee not to exceed five dollars per copy.

302.500. As used in sections 302.500 to [302.540] 302.541, the following terms mean:

(1) "Alcohol concentration", the amount of alcohol in a person's blood at the time of the act alleged as shown by chemical analysis of the person's blood, breath, saliva or urine;

(2) "Department", the department of revenue of the state of Missouri;

(3) "Director", the director of the department of revenue or [his] the director's authorized representative;

(4) "Driver's license" or "license", a license, permit, or privilege to drive a motor vehicle issued under or granted by the laws of this state. The term includes any temporary license or instruction permit, any nonresident operating privilege, and the privilege of any person to drive a motor vehicle whether or not the person holds a valid license;

(5) "Measurable and detectable amount of alcohol", alcohol concentration in a person's blood or breath of at least two-hundredths of one percent by weight;

(6) "Revocation", the termination by formal action of the department of a person's license. A revoked license is not subject to renewal or restoration except that an application for a new license may be presented and acted upon by the department after the expiration of the revocation period;

[(6)] (7) "State", a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any province of Canada;

[(7)] (8) "Suspension", the temporary withdrawal by formal action of the department of a person's license. The suspension shall be for a period specifically designated by the department pursuant to the provisions of sections 302.500 to [302.540] 302.541.

302.505. 1. The department shall suspend or revoke the license of any person upon its determination that the person was arrested upon probable cause to believe [he] such person was driving a motor vehicle while the alcohol concentration in the person's blood [or], breath, or urine was tenhundredths of one percent or more by weight [of alcohol in his blood], based on the definition of alcohol concentration in section 302.500, or where such person was arrested upon probable cause to believe such person was driving with a positive blood alcohol content, pursuant to section 577.012, RSMo.

2. The department shall make a determination of [these] the facts provided in sub-section 1 of this section on the basis of the report of a law enforcement officer required in section 302.510, and [this] such determination shall be final unless a hearing is requested and held. If a hearing is held, the department shall review the matter and make a final determination on the basis of evidence received at the hearing.

3. The determination of [these] such facts by the department is independent of the determination of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrence. The disposition of [those] such criminal charges shall not affect any suspension or revocation [under] pursuant to this section.

302.510. 1. Except as provided in subsection 3 of this section, a law enforcement officer who arrests any person for a violation of [section 577.010 or 577.012, RSMo,] any state statute related to driving while intoxicated or for a violation of a county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol related traffic offense, and in which the alcohol concentration in the person's blood [or], breath, or urine was tenhundredths of one percent or more by weight or where such person was at the time of the arrest less than twenty-one years of age and where there was a measurable and detectable amount of alcohol in the person's blood or breath, shall forward to the department a verified report of all information relevant to the enforcement action, including information which adequately identifies the arrested person, a statement of the officer's grounds for belief that the person violated [section 577.010 or 577.012, RSMo,] any state statute related to driving while intoxicated or a county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol related traffic offense, a report of the results of any chemical tests which were conducted, and a copy of the citation and complaint filed with the court.

2. The report required by this section shall be made on forms supplied by the department or in a manner specified by regulations of the department.

3. A county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol related traffic offense may not be the basis for suspension or revocation of a driver's license pursuant to sections 302.500 to [302.540] 302.541, unless the arresting law enforcement officer, other than an elected peace officer or official, has been certified by the director of the department of public safety pursuant to the provisions of sections 590.100 to [590.150] 590.180, RSMo.

302.520. 1. Whenever the chemical test results are available to the law enforcement officer while the arrested person is still in custody, and where the results show an alcohol concentration of tenhundredths of one percent or more by weight of alcohol in [his] such person's blood or where such person is less than twenty-one years of age and the results show that there is a measurable and detectable amount of alcohol in the person's blood, the officer, acting on behalf of the department, shall serve the notice of suspension or revocation personally on the arrested person.

2. When the law enforcement officer serves the notice of suspension or revocation, the officer shall take possession of any driver's license issued by this state which is held by the person. When the officer takes possession of a valid driver's license issued by this state, the officer, acting on behalf of the department, shall issue a temporary permit which is valid for fifteen days after its date of issuance and shall also give the person arrested a notice which shall inform [him of his] the person of all rights and responsibilities [under] pursuant to sections 302.500 to [302.540] 302.541. The notice shall be in such form so that the arrested person may sign the original as evidence of [his] receipt thereof. The notice shall also contain a detachable form permitting the arrested person to request a hearing. Signing the hearing request form and mailing such request to the department shall constitute a formal application for a hearing.

3. A copy of the completed notice of suspension or revocation form, a copy of any completed temporary permit form, a copy of the notice of rights and responsibilities given to the arrested person, including any request for hearing, and any driver's license taken into possession [under] pursuant to this section shall be forwarded to the department by the officer along with the report required in section 302.510.

4. The department shall provide forms for notice of suspension or revocation, for notice of rights and responsibilities, for request for a hearing and for temporary permits to law enforcement agencies.

302.530. 1. Any person who has received a notice of suspension or revocation may make a request within fifteen days of receipt of the notice for a review of the department's determination at a hearing. If the person's driver's license has not been previously surrendered, it [must] shall be surrendered at the time the request for a hearing is made.

2. At the time the request for a hearing is made, if it appears from the record that the person is the holder of a valid driver's license issued by this state, and that the driver's license has been surrendered as required, the department shall issue a temporary permit which [will] shall be valid until the scheduled date for the hearing. The department may later issue an additional temporary permit or permits in order to stay the effective date of the suspension or revocation until the final order is issued following the hearing, as required by section 302.520.

3. The hearing [shall] may be held by telephone, or if requested by the person, such person's attorney or representative, in the county where the arrest was made. The hearing shall be conducted by examiners who are licensed to practice law in the state of Missouri and who are employed by the department on a parttime or fulltime basis as the department may determine.

4. The sole issue at the hearing shall be whether by a preponderance of the evidence the person was driving a vehicle [under] pursuant to the circumstances set out in section 302.505. The burden of proof shall be on the state to adduce such evidence. If the department finds the affirmative of this issue, the suspension or revocation order shall be sustained. If the department finds the negative of the issue, the suspension or revocation order shall be rescinded.

5. The procedure at such hearing shall be conducted in accordance with chapter 536, RSMo, not otherwise in conflict with sections 302.500 to 302.540.

6. The department shall promptly notify, by certified letter, the person of its decision including the reasons for that decision. Such notification shall include a notice advising the person that the department's decision shall be final within fifteen days from the date of certification of the letter unless the person challenges the department's decision within that time period by filing an appeal in the circuit court in the county where the arrest occurred.

7. Unless the person, within fifteen days after being notified by certified letter of the department's decision, files an appeal for judicial review pursuant to section 302.535, the decision of the department shall be final.

8. The director may adopt any rules and regulations necessary to carry out the provisions of this section.

302.535. 1. Any person aggrieved by a decision of the department may file a petition for trial de novo by the circuit court. The burden of proof shall be on the state to adduce the evidence. Such trial shall be conducted pursuant to the Missouri rules of civil procedure and not as an appeal of an administrative decision pursuant to chapter 536, RSMo. The petition shall be filed in the circuit court of the county where the arrest occurred. The case shall be decided by the judge sitting without a jury. The presiding judge of the circuit court may assign a traffic judge, pursuant to section 479.500, RSMo 1994, a circuit judge or an associate circuit judge to hear such petition.

2. The filing of a petition for trial de novo shall not result in a stay of the suspension or revocation order. But upon the filing of such petition, a restricted driving privilege for the limited purpose of driving in connection with the petitioner's business, occupation, employment, or formal program of secondary, postsecondary or higher education shall be issued by the department if the person's driving record shows no prior alcohol related enforcement contact during the immediately preceding five years. Such limited driving privilege shall terminate on the date of the disposition of the petition for trial de novo.

3. In addition to the limited driving privilege as permitted in subsection 2 of this section, the department may upon the filing of a petition for trial de novo issue a restricted driving privilege for the limited purpose of driving in connection with the petitioner's business, occupation, employment, or formal program of secondary, postsecondary or higher education. In determining whether to issue such a restrictive driving privilege, the department shall consider the number and the seriousness of prior convictions and the entire driving record of the driver.

4. Such time of restricted driving privilege pending disposition of trial de novo shall be counted toward any time of restricted driving privilege imposed pursuant to section 302.525. Nothing in this subsection shall be construed to prevent a person from maintaining his restricted driving privilege for an additional sixty days in order to meet the conditions imposed by section 302.540 for reinstating a person's driver's license.

302.541. 1. In addition to other fees required by law, any person who has had [his] a license to operate a motor vehicle suspended or revoked following a determination, [under] pursuant to section 302.505[, RSMo], or section 577.010, 577.012, 577.041 or 577.510, RSMo, or any county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney, that [he] such person was driving while intoxicated or with a blood alcohol content of tenhundredths of one percent or more by weight or, where such person was at the time of the arrest less than twenty-one years of age, was driving with a measurable and detectable amount of alcohol in the person's blood shall pay an additional fee of twentyfive dollars prior to the reinstatement or reissuance of [his] the license.

2. Any person less than twenty-one years of age whose driving privilege has been suspended or revoked solely for a first determination pursuant to sections 302.500 to 302.540 that such person was driving a motor vehicle with a measurable and detectable amount of alcohol in the person's blood is exempt from filing proof of financial responsibility with the department of revenue in accordance with chapter 303, RSMo, as a prerequisite for reinstatement of driving privileges or obtaining a restricted driving privilege as provided by section 302.525.

311.310. Any licensee [under] pursuant to this chapter, or [his] the licensee's employee, who shall sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person under the age of twentyone years, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever except [his] the person's parent or guardian who shall knowingly procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twentyone years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard, shall be deemed guilty of a class A misdemeanor, except that this section shall not apply to the supplying of intoxicating liquor to a person under the age of twentyone years for medical purposes only, or to the administering of such intoxicating liquor to any person by a duly licensed physician. No person shall be denied a license or renewal of a license issued [under] pursuant to this chapter solely due to a conviction for unlawful sale or supply to a minor when serving in the capacity as an employee of a licensed establishment.

311.325. Any person under the age of twentyone years, who purchases or attempts to purchase, or has in [his] the person's possession or consumes, any intoxicating liquor as defined in section 311.020 is guilty of a misdemeanor. For purposes of prosecution [under] pursuant to this section or any other provision of this chapter involving an alleged illegal sale or transfer of intoxicating liquor to a person under twentyone years of age, a manufacturersealed container describing that there is intoxicating liquor therein need not be opened or the contents therein tested to verify that there is intoxicating liquor in such container. The alleged violator may allege that there was not intoxicating liquor in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor therein contains intoxicating liquor.

312.407. Any person under the age of twentyone years, who purchases or attempts to purchase, or has in [his] the person's possession or consumes, any nonintoxicating beer as defined in section 312.010, is guilty of a misdemeanor. For purposes of prosecution [under] pursuant to this section or any other provision of this chapter involving an alleged illegal sale or transfer of nonintoxicating beer to a person under twentyone years of age, a manufacturersealed container describing that there is nonintoxicating beer therein need not be opened or the contents therein tested to verify that there is nonintoxicating beer in such container. The alleged violator may allege that there was not nonintoxicating beer in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is nonintoxicating beer therein contains nonintoxicating beer.

479.500. 1. In the twentyfirst judicial circuit, a majority of the circuit judges, en banc, may establish a traffic court, which shall be a division of the circuit court, and may authorize the appointment of not more than three municipal judges who shall be known as traffic judges. The traffic judges shall be appointed by a traffic court judicial commission consisting of the presiding judge of the circuit, who shall be the chair, one circuit judge elected by the circuit judges, one associate circuit judge elected by the associate circuit judges of the circuit, and two members appointed by the county executive of St. Louis County, each of whom shall represent one of the two political parties casting the highest number of votes at the next preceding gubernatorial election. The procedures and operations of the traffic court judicial commission shall be established by circuit court rule.

2. Traffic judges may be authorized to act as commissioners to hear in the first instance nonfelony violations of state law involving motor vehicles, and such other offenses as may be provided by circuit court rule. Traffic judges may also be authorized to hear in the first instance violations of county and municipal ordinances involving motor vehicles, and other county ordinance violations, as provided by circuit court rule.

[2.] 3. In the event that a county municipal court is established pursuant to section 66.010, RSMo, which takes jurisdiction of county ordinance violations the circuit court may then authorize the appointment of no more than one traffic judge authorized to hear municipal ordinance violations other than county ordinance violations, and to act as commissioner to hear in the first instance nonfelony violations of state law involving motor vehicles, and such other offenses as may be provided by rule. These traffic court judges also may be authorized to act as commissioners to hear in the first instance petitions to review decisions of the department of revenue or the director of revenue filed pursuant to sections 302.309, 302.311, 302.535 and 302.750, RSMo.

[3.] 4. In establishing a traffic court, the circuit may be divided into such sectors as may be established by a majority of the circuit and associate circuit judges, en banc. The traffic court in each sector shall hear those cases arising within the territorial limits of the sector unless a case arising within another sector is transferred as provided by operating procedures.

[4.] 5. Traffic judges shall be licensed to practice law in this state and shall serve at the pleasure of a majority of the circuit judges, en banc, and shall be residents of St. Louis County, and shall receive from the state as annual compensation an amount equal to onethird of the annual compensation of an associate circuit judge. Each judge shall devote approximately onethird of his working time to the performance of his duties as a traffic judge. Traffic judges shall not accept or handle cases in their practice of law which are inconsistent with their duties as a traffic judge and shall not be a judge or prosecutor for any other court. Traffic judges shall not be considered state employees and shall not be members of the state employees' or judicial retirement system or be eligible to receive any other employment benefit accorded state employees or judges.

[5.] 6. A majority of the judges, en banc, shall establish operating procedures for the traffic court which shall provide for regular sessions in the evenings after 6:00 p.m. and for Saturday or other sessions as efficient operation and convenience to the public may require. Proceedings in the traffic court, except when a judge is acting as a commissioner pursuant to this section, shall be conducted as provided in supreme court rule 37. The hearing shall be before a traffic judge without jury, and the judge shall assume an affirmative duty to determine the merits of the evidence presented and the defenses of the defendant and may question parties and witnesses. No term of imprisonment or confinement may be assessed by a traffic judge. In the event a jury trial is requested, the cause shall be certified to the circuit court for trial by jury as otherwise provided by law. Clerks and computer personnel shall be assigned as needed for the efficient operation of the court.

[6.] 7. In establishing operating procedure, provisions shall be made for appropriate circumstances whereby defendants may enter not guilty pleas and obtain trial dates by telephone or written communication without personal appearance, or to plead guilty and deliver by mail or electronic transfer or other approved method the specified amount of the fine and costs as otherwise provided by law, within a specified period of time.

[7.] 8. Operating procedures shall be provided for electronic recording of proceedings, except that if adequate recording equipment is not provided at county expense, then, in that event, a person aggrieved by a judgment of a traffic judge or commissioner shall have the right of a trial de novo. The procedures for perfecting the right of a trial de novo shall be the same as that provided under sections 512.180 to 512.320, RSMo, except that the provisions of subsection 2 of section 512.180, RSMo, shall not apply to such cases.

[8. On August 28, 1992, the] 9. The circuit court shall only have the authority to appoint one commissioner with the jurisdiction provided in subsection [2] 3 of this section. [Six months after August 28, 1992, in the event that the county has not established a county municipal court which has taken jurisdiction of county ordinance violations, the circuit court shall then have the authority to appoint the additional traffic judges with jurisdiction over county ordinance violations as provided in this section.]

[9.] 10. All costs to establish and operate a county municipal court under section 66.010, RSMo, and this section shall be borne by such county.

577.012. 1. A person commits the crime of "driving with excessive blood alcohol content" if [he] such person operates a motor vehicle in this state with tenhundredths of one percent or more by weight of alcohol in [his] such person's blood.

2. A person is guilty of "driving with a positive blood alcohol content" if such person is less than twenty-one years of age and operates a motor vehicle in this state with any measurable and detectable amount of alcohol in such person's blood.

3. As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person's blood [under] pursuant to this section, the test shall be conducted in accordance with the provisions of sections 577.020 to 577.041. As used in this section, the term "any measurable and detectable amount of alcohol" means alcohol concentration in a person's blood or breath of at least two-hundredths of one percent by weight.

[3.] 4. For the first offense, driving with excessive blood alcohol content is a class C misdemeanor.

5. For the first offense, driving with a positive blood alcohol content is an infraction.

6. A person may not be charged with driving with excessive blood alcohol content and driving with a positive blood alcohol content for conduct arising out of the same incident.

577.020. 1. Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent to, subject to the provisions of sections 577.020 to 577.041, a chemical test or tests of [his] the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of [his] the person's blood if arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition. The test shall be administered at the direction of the arresting law enforcement officer whenever the person has been arrested for the offense.

2. The implied consent to submit to the chemical tests listed in subsection 1 of this section shall be limited to not more than two such tests arising from the same arrest, incident or charge.

3. Chemical analysis of the person's breath, blood, saliva, or urine to be considered valid [under] pursuant to the provisions of sections 577.020 to 577.041 shall be performed according to methods approved by the state department of health by licensed medical personnel or by a person possessing a valid permit issued by the state department of health for this purpose.

4. The state department of health shall approve satisfactory techniques, devices, equipment, or methods to be considered valid [under] pursuant to the provisions of sections 577.020 to 577.041 and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the state department of health.

5. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person [of his own choosing and at his expense] at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer.

6. Upon the request of the person who is tested, full information concerning the test shall be made available to him.

7. Any person given a chemical test of the person's breath pursuant to subsection 1 of this section may be videotaped during such test at the direction of the arresting law enforcement officer. Any such video recording made during the chemical test pursuant to this subsection shall be admissible as evidence at either any trial of such person for either a violation of any state law or county or municipal ordinance, or any license revocation or suspension proceeding pursuant to the provisions of chapter 302, RSMo.

577.021. A member of the state highway patrol may, prior to arrest, administer a chemical test to any person suspected of operating a motor vehicle in violation of section 577.010 or 577.012. A test administered pursuant to this section shall be admissible as evidence of probable cause to arrest and as exculpatory evidence, but shall not be admissible as evidence of blood alcohol content. The provisions of section 577.020 shall not apply to a test administered prior to arrest pursuant to this section. [This section shall terminate on June 30, 1996.]

577.023. 1. For purposes of this section, unless the context clearly indicates otherwise:

(1) An "intoxicationrelated traffic offense" is driving while intoxicated, driving with excessive blood alcohol content, or driving under the influence of alcohol or drugs in violation of state law or a county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing;

(2) A "persistent offender" is a person who has either:

(a) Pleaded guilty to or has been found guilty of two or more intoxicationrelated traffic offenses, where such two or more offenses occurred within ten years of the occurrence of the intoxicationrelated traffic offense for which the person is charged; [and] or

(b) Pleaded guilty to or has been found guilty of an intoxication-related traffic offense as a persistent offender at any time prior to the occurrence of the intoxication-related traffic offense for which the person is charged; or

(c) Pleaded guilty to or has been found guilty of any homicide offense related to operating a motor vehicle in an intoxicated or drugged condition at any time prior to the occurrence of the intoxication-related traffic offense for which the person is charged; or

(d) Pleaded guilty to or has been found guilty of any felony assault offense related to operating a motor vehicle in an intoxicated or drugged condition at any time prior to the occurrence of the intoxication-related traffic offense for which the person is charged;

(3) A "prior offender" is a person who has pleaded guilty to or has been found guilty of one intoxicationrelated traffic offense, where such prior offense occurred within [five years] twelve months of the occurrence of the intoxicationrelated traffic offense for which the person is charged.

2. Any person who pleads guilty to or is found guilty of a violation of section 577.010 or 577.012 who is alleged and proved to be a prior offender shall be guilty of a class [A misdemeanor] D felony.

3. Any person who pleads guilty to or is found guilty of a violation of section 577.010 or 577.012 who is alleged and proved to be a persistent offender shall be guilty of a class D felony.

4. No court shall suspend the imposition of sentence as to a prior or persistent offender [under] pursuant to this section nor sentence such person to pay a fine in lieu of a term of imprisonment, section 557.011, RSMo, to the contrary notwithstanding, nor shall such person be eligible for parole or probation until [he] the person has served a minimum of fortyeight consecutive hours' imprisonment, unless as a condition of such parole or probation such person performs at least ten days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service.

5. The court shall find the defendant to be a prior offender or persistent offender, if:

(1) The indictment or information, original or amended, or the information in lieu of an indictment pleads all essential facts warranting a finding that the defendant is a prior offender or persistent offender; and

(2) Evidence is introduced that establishes sufficient facts pleaded to warrant a finding beyond a reasonable doubt the defendant is a prior offender or persistent offender; and

(3) The court makes findings of fact that warrant a finding beyond a reasonable doubt by the court that the defendant is a prior offender or persistent offender.

6. In a jury trial, the facts shall be pleaded, established and found prior to submission to the jury outside of its hearing.

7. In a trial without a jury or upon a plea of guilty, the court may defer the proof in findings of such facts to a later time, but prior to sentencing.

8. The defendant shall be accorded full rights of confrontation and crossexamination, with the opportunity to present evidence, at such hearings.

9. The defendant may waive proof of the facts alleged.

10. Nothing in this section shall prevent the use of presentence investigations or commitments.

11. At the sentencing hearing both the state and the defendant shall be permitted to present additional information bearing on the issue of sentence.

12. The pleas or findings of guilty shall be prior to the date of commission of the present offense.

13. The court shall not instruct the jury as to the range of punishment or allow the jury, upon a finding of guilty, to assess and declare the punishment as part of its verdict in cases of prior offenders or persistent offenders.

14. Evidence of prior convictions shall be heard and determined by the trial court out of the hearing of the jury prior to the submission of the case to the jury, and shall include but not be limited to evidence of convictions received by a search of the records of the Missouri uniform law enforcement system maintained by the Missouri state highway patrol. After hearing the evidence, the court shall enter its findings thereon. A conviction of a violation of a municipal or county ordinance in a county or municipal court for driving while intoxicated or a conviction or a plea of guilty or a finding of guilty followed by a suspended imposition of sentence, suspended execution of sentence, probation or parole or any combination thereof in a state court shall be treated as a prior conviction.

577.037. 1. Upon the trial of any person for violation of any of the provisions of section 565.024, RSMo, or section 565.060, RSMo, or section 577.010 or 577.012, or upon the trial of any criminal action or violations of county or municipal ordinances or in any license suspension or revocation proceeding pursuant to the provisions of chapter 302, RSMo, arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of subdivision (5) of section 491.060, RSMo, shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there were tenhundredths of one percent or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.

2. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of breath.

3. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated.

4. A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in subsection 1 of this section, shall have been performed as provided in sections 577.020 to 577.041 and in accordance with methods and standards approved by the state department of health.

5. Any charge alleging a violation of section 577.010 or 577.012 or any county or municipal ordinance prohibiting driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva, or urine performed in accordance with sections 577.020 to 577.041 and rules promulgated thereunder by the state department of health demonstrate that there was less than tenhundredths of one percent of alcohol in the defendant's blood unless one or more of the following considerations cause the court to find a dismissal unwarranted:

(1) There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen;

(2) There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; [or]

(3) There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant[.];

(4) The defendant was charged with a violation of driving with a positive blood alcohol content and the chemical analysis showed a measurable and detectable amount of alcohol in such person's blood, as defined in section 577.012.

577.039. An arrest without a warrant by a law enforcement officer, including a uniformed member of the state highway patrol, for a violation of section 577.010 or 577.012 is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated the section, whether or not the violation occurred in the presence of the arresting officer[; provided, however, that any such arrest without warrant must be made within one and onehalf hours after such claimed violation occurred].

577.614. 1. In addition to any other provisions of law, upon a finding of guilty of, or a plea of guilty to, a violation of subsection 1 of section 577.600, the department of revenue shall revoke the person's driving privilege for one year from the date of conviction.

2. In addition to any other provision of law, if a person is found guilty of, or [pleas] pleads guilty to, a second violation of subsection 1 of section 577.600 during the same period of required use of an approved ignition interlock device, the department of revenue shall revoke the person's driving privilege for five years from the date of conviction.

3. The court shall notify the department of revenue of all guilty findings and pleas [under] pursuant to subsection 1 of section 577.600.

4. The department of revenue shall charge a reinstatement fee as required by section 302.304, RSMo, prior to the reinstatement of any driving privilege suspended or revoked [under] pursuant to this section.

5. No restricted or limited driving privilege shall be issued for any person whose license is revoked [under] pursuant to this section.

6. Notwithstanding any provision of law to the contrary, any person who is less than twenty-one years of age who has been found guilty of or has pled guilty to any state, county or municipal alcohol-related traffic offense, and/or whose driving privileges have been suspended or revoked pursuant to an administrative order and the offense, or incident giving rise to an administrative order, involved driving with a positive blood alcohol content, pursuant to section 577.012 or driving with a measurable and detectable amount of alcohol in the person's blood, as defined in section 302.500, RSMo, shall have all official records and all recordations of such person's arrest, plea, trial and conviction expunged after a period of two years; however, such expungement shall be performed without need of a court order by any person having custody of such records and any such records shall not be expunged if the person was found guilty of or pled guilty to operating a commercial motor vehicle, as defined in section 302.700, RSMo, with a blood alcohol content of at least four-hundredths of one percent.