HB 1818 -- Driving While Intoxicated

Co-Sponsors:  Kissell, Gaskill, Reinhart, Hampton, Ross, Alter

This bill makes changes to provisions relating to driving while
intoxicated.  The bill:

(1)  Creates the class B felony of recklessly contributing to an
accident, which is committed when the offender with a blood
alcohol content (BAC) of more than .08 contributes to an
accident resulting in serious physical injury or death (Section
577.058);

(2)  Provides that the penalty for recklessly contributing to an
accident for a first conviction is suspension of the offender's
driver's license for 180 days, during which time limited driving
privileges are available.  This period is to be followed with a
limited license to last one year.  For a second conviction, or a
first conviction of recklessly contributing to an accident
subsequent to a conviction for any other intoxication-related
offense, the offender's license is suspended for one year, with
limited driving privileges available (Section 577.058);

(3)  Includes recklessly contributing to an accident in the list
of offenses that may be considered in determining persistent and
prior offender status (Section 577.023);

(4)  Allows for automatic consent to a breath, blood, saliva, or
urine test if a person is involved in and arrested for a motor
vehicle accident resulting in serious physical injury or death
(Section 577.020);

(5) Increases the penalties for persistent and prior offenders.
The bill requires 10 days of imprisonment for prior offenders
and 30 days for persistent offenders.  Currently, prior and
persistent offenders must serve only 48 hours imprisonment,
which may be waived in lieu of community service (Section
577.023);

(6)  Changes the offense of driving with excessive blood alcohol
content to apply to offenders with a BAC of .15 or to offenders
operating a motor vehicle with a BAC of .10 or more subsequent
to a prior intoxication-related offense.  Currently, the crime
is committed when an offender drives with a BAC of .10.  The
bill increases the penalty for driving with excessive blood
alcohol content from a class C to a class A misdemeanor.  The
bill further requires that first-time offenders must be
incarcerated for 48 hours and eliminates eligibility for a
suspended imposition of sentence (Section 577.012); and

(7)  Changes the penalty for the crime of driving while
intoxicated.  The bill requires 48 hours of incarceration for
first-time offenders, with no possibility of a suspended--
imposition of sentence.  Currently, no incarceration is
required, and a suspended imposition of sentence may be granted
if the offender is placed on probation for 2 years (Section
577.010).