HB 0302 (Truly Agreed) Lowers blood alcohol content from .10 to .08 and revises other measures related to alcohol related offenses
Current Bill Summary
- Prepared by Senate Research -

CCS#2/SCS/HCS/HBs 302 & 38 - This act reduces the blood alcohol content sufficient for prosecution for DWI or BAC from .10 to .08. The act provides for criminal and administrative penalties related to such offenses, including increasing a first offense of a BAC from a Class C misdemeanor to a Class B misdemeanor. If a person's blood alcohol content is .08 or above, it will be prima facie evidence that the person was intoxicated at the time the specimen was taken.

Under this act, after January 1, 2002, a Department of Revenue case involving a alcohol-related offense may be assigned to a circuit judge or a traffic judge.

This act extends the minimum period of imprisonment or community service which must be completed by repeat alcohol offenders for eligibility for parole or probation (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)(Section 577.023).

This act also requires the installation of an ignition interlock device during probation for repeat intoxication-related traffic offenses and removes the requirement of a no-hardship finding before ordering installation of ignition interlock.

This act allows any county or municipal law enforcement officer who are certified to administer chemical tests 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 such a test (Section 577.021).

This act 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 variety of sources including a fee of $25 on intoxicated-related offenses (Section 304.027).

This act prevents a person from receiving a limited driving privilege (hardship license) after being convicted for a DWI or BAC violation until the person completes the first 30 days of the suspension and completes a needs assessment and recommended course of treatment from a substance abuse traffic offender program (Section 302.309).

Under this act, the Division of Alcohol and Drug Abuse shall establish and certify a program for serious or repeat offenders, defined as those driving with at least a .15% BAC level or those who are prior or persistent offenders. Under this act, a person who has his or her license revoked due to an alcohol related offense will have to complete a SATOP program or a comparable program approved by the Department of Revenue. A court's ability to waive the completion of such a program is removed. Once a needs assessment has been made under the programs, the court may modify or waive the assignment recommendations. A court may modify, but not waive, the assignment to an education or rehabilitation program of a prior or persistent offender who operated a vehicle with a .15 BAC or higher (sections 302.304, 302.540 and 577.041).

This act has an effective date of September 29, 2001, for certain sections.

This act is substantially similar to SCS/SB 36 (2001).

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