HB 1169 Zero Alcohol Tolerance For Minors
Bill Summary

SCS/HS/HCS/HBs 1169 & 1271 - 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."

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 driving with a blood alcohol content of two- hundredths of one percent or greater shall be 6 points for the first conviction and 12 points for any second or subsequent conviction.

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 first offender of the zero tolerance provisions need not file proof of financial responsibility to regain driving privileges. All Department of Revenue records of any person, under age twenty-one, who has had his license suspended or revoked for driving with a .02% blood alcohol content shall be expunged after a period of two years or when the person reaches age twenty-one, whichever occurs first. If such person is found guilty of any other intoxication-related offense which includes driving a commercial motor vehicle with a blood alcohol content of .04% or greater, such records shall not be expunged.

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. A person assigned to such program has the right to appeal the assignment to 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 - If a person appeals an administrative suspension or revocation of a driver's license from the circuit court and prevails on such appeal, the state must pay for the costs of such appeal.

MISCELLANEOUS PROVISIONS - The city of Springfield may institute forfeiture proceedings against a person's vehicle if such person is convicted of two or more intoxication-related traffic offenses. The Director of the Department of Revenue or the Circuit Court, shall have jurisdiction to hear applications for limited driving privileges.

This act is similar to HS/HCS/HB 252 from 1995 and SS/SCS/SB 722 from 1996.
JAMES KLAHR