HB 38 -- Alcohol-Related Driving Offenses

Sponsor:  Gaskill

This bill enhances the penalties for alcohol-related driving
offenses.

The bill:

(1)  Makes a person guilty of the crime of driving with
excessive blood alcohol content if the person operates a motor
vehicle with .08% or more blood alcohol content.  Under current
law, .10% or more blood alcohol content is required for this
crime (Section 577.012, RSMo);

(2)  Provides procedures for suspending and revoking the
driver's license of persons who are stopped for driving with
.08% or more blood alcohol content (Sections 302.302, 302.505,
302.510, 302.520, and 302.541);

(3)  Increases the period of driver's license suspension for
alcohol-related driving offenses.  The driving privileges of a
person with no prior alcohol-related driving offenses in the
preceding 5 years will be suspended for 60 days, followed by 120
days of restricted driving privileges.  An offender with a prior
alcohol-related driving offense within the preceding 5 years
suffers a driver's license suspension of 2 years.  Under current
law, an offender with no prior alcohol-related driving offenses
in the preceding 5 years receives a driver's license suspension
for 30 days followed by a 60-day period of restricted driving.
A prior alcohol-related driving offender's driving privileges
are currently suspended for one year (Sections 302.304 and
302.525);

(4)  Requires a person convicted of or who has pled guilty to 2
or more alcohol-related municipal violations within one year to
serve a minimum sentence of 60 days incarceration (Section
577.037);

(5)  Makes it a class B felony to commit the crime of vehicular
manslaughter by an intoxicated person.  Vehicular manslaughter
by an intoxicated person is defined as the criminally negligent
act of operating a motor vehicle while intoxicated that causes
the death of any person.  Under current law, the operation of a
motor vehicle in an intoxicated condition resulting in the death
of another person is deemed involuntary manslaughter, a class C
felony carrying a maximum prison term not to exceed 7 years.
The sentencing range for a class B felony is not less than 5
years and not more than 15 (Sections 565.024 and 565.027);

(6)  Allows any municipality to enact ordinances permitting the
forfeiture of any motor vehicle operated by (a) a person with
one or more prior convictions for an intoxicated-related traffic
offense; (b) a person prohibited from obtaining a license to
operate a motor vehicle by the Director of Revenue; or (c) a
person who has a license suspended or revoked as a result of a
finding or plea of guilty to any intoxication-related traffic
offense or to involuntary manslaughter while operating a motor
vehicle in an intoxicated condition.  Under current law, the
city of Springfield is the only municipality with these
forfeiture proceedings (Section 82.1000); and

(7)  Makes a person guilty of operating a vessel with excessive
blood alcohol content if the person operates a vessel on state
waterways with .08% or more blood alcohol content (Sections
306.112 and 306.117).

Missouri House of Representatives
Last Updated November 26, 2001 at 11:41 am