- Perfected -

SS#2/SCS/SBs 934, 546, 578, 579 & 782 - This act revises various laws concerning intoxication-related traffic offenses. The blood alcohol content (BAC) level for driving with excessive blood alcohol content is lowered to .08 percent, and requires a finding of a moving violation; a violation is a Class C misdemeanor. If the driver is the proximate cause of an accident, the BAC violation may be charged as driving while intoxicated (DWI). A person is in an "intoxicated condition" when his ability to safely operate a vehicle is significantly impaired because of alcohol or drugs.

Currently, the Department of Revenue assesses 8 points for a person's first driving while intoxicated (DWI) violation. The act assesses 6 points for a BAC violation where probable cause exists for any moving violation; 8 points for the first BAC when charged as a DWI; and 12 points for a second or subsequent violation for either DWI or BAC when charged as a DWI. The Department of Revenue shall suspend or revoke a license upon determining that a person was arrested with probable cause to believe such person was driving with BAC of .10 percent, which constitutes prima facie evidence of intoxication, or a BAC of .08 percent when the person was proximate cause of an accident.

The Department of Revenue shall suspend a person's license for an intoxication-related traffic offense involving a BAC of .15 percent or greater. The period of suspension shall increase with the percentage of BAC, as specified in the act. The court may order the Director of Revenue to issue a limited driving privilege after 30 days of the suspension of a .15 BAC offense, upon petition and good cause shown. If the limited driving privilege is granted to these offenders, the court shall require, as a condition of the privilege, the following: an assessment; treatment; participation in a 12 step program; community service; and restitution if applicable. In addition, the Division of Alcohol and Drug Abuse shall develop a program targeting serious and repeat offenders.

A driver is required to exercise the highest degree of care. A violation is a Class B misdemeanor, but if an accident is involved or aggravating circumstances, a violation is a Class A misdemeanor. "Aggravating circumstances" exist when person suffers death or serious physical injury as a result. The act assesses 2 points for any violation of careless and imprudent driving; 4 points if an accident is involved; 6 points if physical injury results; and 8 points if serious physical injury or death results.

No person may consume an alcoholic beverage or possess an open alcoholic beverage container in passenger area of any motor vehicle operated on a public highway or right of way of public highway. An exception is made for tour buses and recreational vehicles, or possession of an open container behind the last upright seat of a vehicle without a trunk.

The act defines "intoxication-related traffic offense" to include a BAC when charged as DWI for the repeat alcohol offender provisions. A person's fourth DWI conviction within 15 years shall be a Class C felony, if charged as an aggravated driving offender. The act allows courts to impose a suspended imposition of sentence for a prior or persistent offender; however, no prior offender shall be eligible for parole or probation until he has served a minimum of 5 days imprisonment or performs at least 30 days community service. No persistent offender shall be eligible for probation or parole until serving a minimum of 10 days imprisonment or performs at least 60 days community service.

Any person convicted of a second or subsequent intoxication related traffic offense shall be subject to impoundment or immobilization of his motor vehicle, or the installation of an ignition interlock system for up to one year.

JOAN GUMMELS