HCS HB 302 & 38 -- BLOOD ALCOHOL CONTENT VIOLATIONS

SPONSOR:  Hosmer

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 12 to 0.

This substitute lowers the blood alcohol content (BAC) level
necessary for a conviction of driving with excessive BAC to
.08.  Currently, the BAC for this violation is .10.  The penalty
for driving with excessive BAC is increased from a class C
misdemeanor to a class B misdemeanor for the first offense.  The
substitute also lowers the BAC for operating a vessel with
excessive BAC from .10 to .08.

FISCAL NOTE:  Estimated Net Cost to Highway Funds of $6,582 in
FY 2002, $55,025 in FY 2003, and $58,442 in FY 2004.

PROPONENTS:  Supporters say that impairment has been shown at
levels that are much lower than current law reflects.  Taking
additional measures to strengthen intoxication-related offenses
will reduce the number of drunk drivers.  In addition, Missouri
risks losing federal incentive funds and having other funding
redistributed if it fails to adopt provisions in compliance with
federal standards.

Testifying for the bill were Representatives Hosmer and Gaskill;
Governor's Office; Department of Public Safety; Division of
Highway Safety; Missouri State Highway Patrol; Springfield
Police Department; Missouri State Medical Association; ACT
Missouri; Missouri Youth Adult Alliance - Coalition on Underage
Drinking; Missouri Advisory Council on Alcohol & Drug Abuse;
Mothers Against Drunk Drivers; Department of Transportation;
Missouri Chiefs of Police; and Attorney General's Office.

OPPONENTS:  Those who oppose the bill say that the majority of
accidents are caused by drinkers with very high BAC levels and
repeat offenders, which should be the focus of the bill.

Testifying against the bill was Missouri Beer Wholesalers'
Association.

Julie Jinkens McNitt, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:43 am