SB 0081 Creates crime of aggravated driving with excessive blood alcohol content
LR Number:0130S.01I Fiscal Note:0130-01
Committee:Civil and Criminal Jurisprudence
Last Action:01/24/01 - Hearing Conducted S Civil and Criminal Jurisprudence Journal page:
Effective Date:August 28, 2001
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Current Bill Summary

SB 81 - This act revises alcohol-related traffic offenses to include a new crime of driving with an aggravated blood alcohol content of .15%. The act directs the Division of Alcohol and Drug Abuse to develop a program aimed at such offenders. The Division has discretion to direct individuals into the program.

SECTION 302.060 - Current law provides that driving privileges shall be denied to anyone convicted of a third violation "relating to driving while intoxicated", which includes a BAC and would include aggravated BAC. The person may reapply after 10 year. The provision denying driving privileges to anyone convicted twice within 5 years of DWI is extended to include aggravated BAC, or any combination of the two.

SECTION 302.302 - Twelve points as assessed for conviction of aggravated BAC (same as for second DWI or BAC), and conviction for aggravated BAC results in 90 day suspension. Anyone ineligible to receive a license due to aggravated BAC is also ineligible to receive a limited driving privilege. Currently, a person revoked for 10 years may apply for limited driving privilege after serving 3 years of revocation; this shall not apply to license denial for aggravated BAC. Anyone subject to license suspension, revocation or denial due to aggravated BAC shall not be eligible for limited driving privileges. The Department shall suspend or revoke license of any person arrested with probable cause to believe person driving with aggravated BAC.

The court shall order offender to pay restitution to the state, to reimburse for any part of fees for SATOP paid by state. The Division of Alcohol and Drug Abuse shall develop and certify a program for individuals the Division determines to be serious or repeat offenders. The program shall qualify as a SATOP.

The act disallows expungement of records regarding conviction for aggravated BAC before age of 21 (same as with BAC or DWI). The crime of aggravated BAC is created, for operating vehicle with .15% BAC with the first offense is a class B misdemeanor (same as DWI) and the second offense of aggravated BAC within five years is class A misdemeanor (same as with BAC and DWI). The third offense of aggravated BAC within ten years is class D felony (same as with BAC and DWI).

The act is identical to the SCS/SB 546 (2000).