The new Missouri DWI laws are in effect as of August 28, 2010. House Bill 1695, signed by Governor Jay Nixon in June of this year, changed several provision of the laws. Many of the changes will have a direct impact on repeat offenders or those registering a high blood alcohol content (BAC) level by blood or breath tests. The new law includes many changes.
It creates a centralized reporting database to track all driving while impaired offenses, from arrest to disposition. It prevents municipal and city courts from hearing an intoxication related case if the offender has 2 or more intoxicated related offenses or 2 or more alcohol related offenses. It allows circuit courts to establish DWI courts to facilitate treatment for repeat offenders and drivers with high blood alcohol levels. These courts may work in conjunction with established drug courts to establish DWI treatment programs.
The law also establishes criteria for qualifying participants and graduates of a DWI court program to obtain a court ordered limited driving privilege. It prohibits a first alcohol related driving offense from being expunged from a person record if the person has another alcohol related contact on record or another alcohol related action pending.
The law also makes it more difficult on truck drivers suspected of drunk driving. Commercial Drivers can no longer refuse a chemical test when requested by a law enforcement officer.
First offenders caught driving a motor vehicle with a BAC of over .15 will face 2 days in jail and a BAC of over .20 5 days in jail. First offenders with a BAC of .15 or over are not eligible for a Suspended Imposition of Sentence unless they complete a court ordered treatment program.
Minimum jail time for prior offender increases from 5 to 10 days and for a persistent offender jail time increased from 10 to 30 days in jail.
The law will also make it easier for officers to get blood from suspects. Search warrants for a blood draw for a DWI suspect will be allowed on an electronic signature, which will theoretically eliminate time and effort on the part of both police officers and judges.
Although the new laws are in effect, it is not clear how major jurisdictions such as St. Louis City and County and Kansas City will handle the new programs. Greene County in Springfield Missouri already has in place a DWI court system that has served as a national model.
