SB 0036 Provides for .08 DWI/BAC and increases collateral consequences
LR Number:0356S.03P Fiscal Note:0356-03
Last Action:04/18/01 - HCS Voted Do Pass H Criminal Law Committee Journal page:
Title:SCS SB 36
Effective Date:August 28, 2001
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Current Bill Summary

SCS/SB 36 - 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.

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 county or municipal law enforcement officers to administer a chemical test 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 removes traffic court judges from acting as commissioners on petitions for review of Department of Revenue decisions (Section 302.535).

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 $5 on speeding tickets and a $50 fee on intoxicated-related offenses (Section 304.027).

This act modifies the graduated driver's licence law by allowing a driving training instructor to accompany the driver. Current law only allows a grandparent, parent or guarding to accompany a driver until the age of 16. This act also allows the Department of Revenue to issue a permit if the applicant completes a driving training program in lieu of 20 hours of instruction by a parent, grandparent or guardian (Section 302.130). This provision is contained SCS/HB 648 & HB 805.

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 (Section 302.540).

Prior to reinstating any license, the court or director shall require certain conditions, including a course of treatment, participation in a 12-step program and community service. Prior to granting any restricted driving privilege, the court or director shall require the same conditions, if an assessment determines that the level of alcohol abuse warrants the conditions (Section 302.543)

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

Similar provisions are contained in SCS/HB 648 & HB 477 & HB 805 and SCS/SBs 52 & 91.