|SB 0722||Zero Alcohol Tolerance for Minors|
|LR Number:||S2380.12T||Fiscal Note:||2380-11|
|Committee:||Civil and Criminal Jurisprudence|
|Last Action:||07/02/96 - Signed by Governor|
|Effective Date:||August 28, 1996|
CCS/HCS/SS/SCS/SB 722 - This act provides procedures for suspending and revoking the drivers' licenses of minors who are stopped for driving with two-hundredths of one percent or more blood alcohol content, commonly known as "zero tolerance." This act also expands the requirement that drivers, who have had their licenses suspended or revoked, successfully complete a Substance Abuse Traffic Offender Program prior to having their licenses reinstated if such drivers have been assessed alcohol-related point violations or are convicted of alcohol-related driving offenses.
DRUNK DRIVING - First time offenses for driving while intoxicated (DWI) shall be reported to the Highway Patrol like all other offenses. Every applicant for a driver's license under the age of 21 shall be given DWI educational materials. The number of points assessed by the Director of the Department of Revenue for excessive blood alcohol convictions is increased from 6 to 8. 12 points are assessed for a second or subsequent conviction of various alcohol-related offenses, however combined.
ZERO TOLERANCE FOR MINORS - Any person under age 21 who drives with .02% blood alcohol content or greater shall have his driver's license suspended or revoked. A $25 reinstatement fee is required to regain the license. A first offender of the zero tolerance provisions need not file proof of financial responsibility to regain driving privileges. A revocation record with the Department of Revenue shall be expunged if the driver is not convicted of any intoxication-related driving offenses before the driver attains twenty-one years of age.
SUBSTANCE ABUSE TRAFFIC OFFENDER PROGRAM - Certain drivers who have had their licenses suspended or revoked as a result of intoxication related offenses must successfully complete a Substance Abuse Traffic Offender Program as defined in Sections 302.010 and 577.001, RSMo. The Department of Revenue or the court may waive the program for good cause shown. A person assigned to such program shall be notified that such person has the right to review of the assignment by the associate division of the circuit court. A person participating in such a program must pay for the cost of the program and a $60 fee which shall be deposited in the Mental Health Earnings Fund. This fund is used to develop alcohol-related traffic offender programs and to provide services for those who cannot afford to pay the cost of such programs.
CIVIL PROCEDURE - A person who has received notice of denial of a request for limited driving privileges from the Department of Revenue may request review of such determination in the Circuit Court of the county where the person resides or is employed within thirty days after such notice is mailed.
If an arrest resulting in points occurs before a person is issued a limited driving privilege, such arrest shall not terminate the limited driving privilege.
The Department of Revenue shall pay court costs on appeal from the circuit court if the ruling to suspend the person's license is reversed on appeal.
JUDGES - This act changes the mandatory retirement age of municipal judges from 70 to 75. This provision is identical to SB 596.
CHEMICAL TESTS - This act removes the June 30, 1996 termination date on the authority of any member of the state highway patrol to administer a chemical test to any person suspected of driving while intoxicated or driving with excessive blood alcohol content.
ARREST WITHOUT A WARRANT - Current law provides that an arrest for driving while intoxicated or driving with excessive blood alcohol content is lawful without a warrant if made within 90 minutes of the occurrence of the claimed violation. This act makes an exception in the case where a person has left the scene of the accident or has been removed from the scene for medical treatment.
This act is identical to CCS/SCS/HS/HCS/HB's 1169 and 1271.