HB 1560 -- Driving While Intoxicated Offenses

Co-Sponsors:  Schilling, Hosmer

This bill makes a number of changes to driving while intoxicated
offenses.

The bill:

(1)  Deletes several provisions concerning ignition interlock
devices, including those which require the court to make an
affirmative finding that the device will not impose undue
hardship on offenders, as well as those requiring the Department
of Public Safety to certify the ignition interlock devices
(Sections 577.602, 577.604, 577.606, 577.608, 577.612, 577.614);

(2)  Makes changes to other ignition interlock device provisions
which specify that a certified ignition interlock device, when
required, must be present for a period of not less than one
month from the date of reinstatement of the offender's driver's
license (Section 577.600);

(3)  Adds operating a motor vehicle with an open container of an
alcoholic beverage in the passenger compartment of a vehicle as
a moving violation.  Currently, it is illegal only for the
driver of the car to be consuming an alcoholic beverage while
driving.  Exceptions are provided for open containers of alcohol
stored in the trunk; behind the last upright seat of a trunkless
vehicle; stored in other, sealed containers; behind a solid wall
separating the passenger from the driver; in the living quarters
of a motor vehicle; and when the container is in the possession
of a person paying for transportation in a vehicle with capacity
of 12 or more (Section 302.302, 577.001, 577.017);

(4)  Requires prior intoxication-related offenders to serve a
minimum of 5 days imprisonment to be eligible for parole or
probation, an increase from the current 48 hours.  The bill also
increases the number of community service hours a prior offender
must perform for parole or probation, from 10 days to 30 days.
New language outlines the requirements of parole and probation
for persistent intoxication-related offenders, which include a
minimum of 10 days imprisonment, unless as a condition of parole
or probation the offender performs at least 60 days of court--
supervised community service (Section 577.023); and

(5)  Changes the definition of "highway" to include the right--
of-way of a public thoroughfare (Section 301.010).