SS/SCS/SBs 880, 780, 836 - This act relates to intoxication-related traffic offenses.
A DWI court may grant a limited driving privilege to individuals who would otherwise be ineligible for such privilege. The DWI docket or court shall not grant a limited driving privilege to a participant during his or her initial forty-five days of participation.
Currently, when a person has his or her license suspended or revoked following a determination that such person was driving while intoxicated, driving with an excessive blood alcohol content (BAC), refused to submit to a chemical test, violated a controlled substance provision while driving, or is a person under the age of twenty-one who has committed certain alcohol or drug related offenses while driving, he or she shall pay a additional fee of $25 for reinstatement or reissuance of the license. This fee is increased to $500.
SECTIONS 478.001, 478.003, 478.007, & 478.009
This act specifies that any circuit court may establish a docket or court to dispose of cases where a person has pleaded guilty to driving while intoxicated or driving with excessive blood alcohol content. A person is eligible for this docket or court if he or she operated a motor vehicle with at least .15 blood alcohol content, has had a previous conviction for an intoxication-related traffic offense, or has two or more previous alcohol-related enforcement contacts.
The existing Drug Courts Coordinating Commission and the Drug Court Resources Fund are expanded to include DWI courts. DWI courts may operate in conjunction with drug courts and drug court commissioners may preside over DWI courts.
Any offense involving the operation of a vehicle in an intoxicated condition shall not be cognizable in municipal court, if the defendant has been convicted of two or more previous intoxicated-related traffic offenses or has had two or more previous alcohol-related enforcement contacts.
This act creates a surcharge of $500 to be collected by the clerks of the circuit courts in all cases where the defendant pleads guilty to or is found guilty of an intoxication-related traffic offense. Such money shall be deposited into the expanded "Drug and DWI Court Resource Fund" to be used only to support the operation of DWI dockets or courts established under the drug court program.
Each law enforcement agency shall adopt a policy requiring arrest information to be forwarded to the highway patrol central repository for intoxication-related traffic offenses and shall certify adoption of such policy when applying for grants administered by the department of public safety (DPS). Each county prosecuting attorney and municipal prosecutor shall adopt a policy requiring charge information for intoxication-related traffic offenses to be forwarded to such central repository and to certify such policy with DPS.
Municipal judges shall receive instruction on intoxication-related traffic offenses including a review of state laws on intoxication-related traffic offenses, including jurisdiction issues relating to such offenses, reporting requirements, and required assessment under the substance abuse traffic offender program (SATOP). Each municipal judge shall adopt a written policy requiring court personnel to report all dispositions for all charges for intoxication-related traffic offenses to the highway patrol central repository. Each municipal court must provide a copy of its policy to the office of state courts administrator (OSCA) and the highway patrol. OSCA may create a model policy.
Each municipal court shall prepare a report every six months to be submitted to the circuit court en banc regarding the number and disposition of intoxication-related traffic offenses.
SECTION 577.010 and 577.012
For a first DWI or excessive BAC offense, if the individual has a BAC of at least .15, the minimum jail time shall be 48 hours, unless the person participates in a DWI court program. If the individual has a BAC of at least .20, the minimum jail time shall be 5 days, unless the person participates in a DWI court program. If a first-time DWI or driving with excessive BAC offender has a BAC higher than .15, he or she shall not receive suspended imposition of sentence.
The minimum jail time for a person who has a prior intoxication-related traffic offense is increased from five to ten days, unless the person participates in the existing community service option, or in the DWI court program. The minimum jail time for a person who is considered a persistent offender is increased from ten to thirty days, unless the person participates in the existing community service option, or in the DWI court program.
This act removes the provision requiring a DWI arrest without a warrant to occur within 90 minutes after the alleged violation occurred.
Currently, if a person refuses to submit to a chemical test when arrested or stopped for alleged driving while intoxicated, then none shall be given. Under this act, the provision stating that no test shall be given under such circumstances is removed.
SUSAN HENDERSON MOORE