HB 819 -- Alcohol-Related Driving Offenses

Co-Sponsors:  Hosmer, Gaskill, Boucher, Kelley (47), Williams,
Skaggs

This bill enhances the penalties for alcohol-related driving
offenses.  In its main provisions, the bill:

(1)  Expands motor vehicle driver's license revocation laws to
include all crimes "relating to driving while intoxicated,"
which includes driving with excessive blood alcohol content,
driving while intoxicated, and any manslaughter or murder
conviction where alcohol-related driving was an element;

(2)  Creates a 12-point driver's license penalty for "aggravated
driving with excessive blood alcohol content";

(3)  Mandates that the driver's license of persons under 21 be
suspended or revoked when they are stopped at sobriety
checkpoints and found to have a BAC between .02 and .08.
Current law does not allow for revocation based on checkpoint
stops and does not specify a maximum BAC in the cases;

(4)  Changes the minimum blood alcohol content (BAC) levels for
all driver's license law purposes from .10 to .08.  For persons
under 21, the default levels are set between .02 and .08;
current law sets a minimum level of .02 and has no ceiling;

(5)  Requires that any police report filed with the Department
of Revenue in any BAC case must be certified under penalties of
perjury, while current law requires verification only.  Any
report is admissible as evidence in any suspension or revocation
hearing, regardless of other Missouri law to the contrary;

(6)  Removes the requirement that licenses must be surrendered
when a request for a suspension or revocation hearing is made;

(7)  Changes the blood alcohol content (BAC) level necessary for
a conviction of driving with excessive BAC to .08 and increases
the penalty for a first offense to a class B misdemeanor.
Currently, the BAC for this violation is .10 and is a class C
misdemeanor for the first offense;

(8)  Increases the applicability of the open container law from
drivers drinking while operating a motor vehicle to all
passengers with open containers while a motor vehicle is on a
road whether the vehicle is moving or not;

(9)  Allows municipal and county law enforcement officers to
perform pre-arrest chemical tests on suspected intoxicated or
alcohol-influenced drivers in the same manner as State Highway
Patrol officers;

(10)  Prohibits probation or parole of prior alcohol-related
traffic offenders until a minimum of 5 days imprisonment or 30
days community service has been served and of persistent
alcohol-related traffic offenders until a minimum of 10 days
imprisonment or 60 days community service has been served;

(11)  Requires all alcohol or drug-related traffic offenders to
complete a substance abuse traffic offender program prior to
discharge from probation or parole;

(12)  Gives courts discretion over whether the records of any
first-time misdemeanor or local ordinance alcohol-related
driving offense should be expunged after 10 years.  Currently,
expungement is required if no second offenses are committed.
The bill also prohibits expungement if a proceeding against the
person on any alcohol-related driving offense is ongoing at the
time expungement is sought.  In these cases, the expungement
will be put on hold until the outcome of the current case is
known;

(13)  Allows courts to require ignition interlock devices on all
vehicles owned and operated by second or subsequent
intoxication-related offenders for at least one month after
reinstatement; currently, the devices may only be required
during probation.  The bill also mandates interlock devices on
all vehicles operated by second or subsequent offenders who are
given limited driving privileges, while current law permits, but
does not mandate, interlock devices in these cases; and

(14)  Allows courts to impound or immobilize the vehicle of any
second or subsequent alcohol-related driving offender for at
least one month, and for as long as the license suspension is in
effect, unless a hardship exception is granted.

Missouri House of Representatives
Last Updated September 13, 2001 at 2:04 pm