CCS#2 SCS HCS HB 302 & 38 -- ALCOHOL-RELATED TRAFFIC OFFENSES

This bill revises various laws relating to traffic offenses.  In
its main provisions, the bill:

(1)  Lowers the blood alcohol content (BAC) level necessary for
a conviction of driving with excessive BAC to 0.08%.  Currently,
the BAC for this violation is 0.10%.  The penalty for driving
with excessive BAC is increased from a class C misdemeanor to a
class B misdemeanor for the first offense (Sections 302.302,
302.309, 302.505, 302.510, 302.520, 302.541, 577.012, and
577.037, RSMo);

(2)  Requires the Division of Alcohol and Drug Abuse to
establish and certify an educational and rehabilitative program
for serious or repeat offenders.  These programs will not be
subject to the court's discretion to waive the program, as is
the case with other driving while intoxicated (DWI) or BAC
offenses.  For purposes of the bill, serious and repeat
offenders are persons determined to have driven with a BAC of at
least 0.15% or persons who are prior or persistent offenders.
The bill also allows programs similar to the existing substance
abuse traffic offender program to satisfy the program
requirements for persons whose licenses were revoked due to an
alcohol-related offense (Sections 302.304, 302.540, and 577.041);

(3)  Allows local courts to establish rules whereby circuit
judges or associate circuit judges, as well as traffic judges in
the twenty-first judicial circuit, may be assigned cases for de
novo review of certain Department of Revenue administrative
hearings pertaining to alcohol-related driving offenses
(Sections 302.535 and 479.500);

(4)  Creates the Spinal Cord Injury Fund to be administered by
the Board of Curators of the University of Missouri.  The fund
will be funded by a $25 fee on intoxication-related offenses
(Section 304.027);

(5)  Allows county or municipal law enforcement officers to
administer a chemical test to persons suspected of driving while
intoxicated or with an excessive blood alcohol content.  Current
law only allows members of the Highway Patrol to administer a
test (Section 577.021);

(6)  Extends the minimum period of imprisonment or community
service which must be completed by repeat alcohol offenders for
parole or probation eligibility to a minimum 5 days of
imprisonment or 30 days community service for prior offenders
and a minimum of 10 days imprisonment or 60 days community
service for persistent offenders.  Current law requires 48 hours
or 10 days community service for prior offenders and has no
provisions for persistent offenders (Section 577.023); and

(7)  Requires the installation of an ignition interlock device
on all motor vehicles operated by repeat intoxication-related
traffic offenders.  The bill also removes the requirement of a
no-hardship finding before ordering installation of ignition
interlock (Sections 577.600 and 577.602).

The bill contains an effective date of September 29, 2001, for
portions of the bill dealing with 0.08% BAC and with prior and
persistent offenders.

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