Under this act, any person who has been convicted more than twice of a driving while intoxicated offense and had his or her license or driving privilege denied cannot have his or license reinstated until the person has filed proof with the Director of the Department of Revenue that his or her motor vehicle is equipped with an ignition interlock device. The ignition interlock device must be maintained on all motor vehicles operated by the person for a period of at least 6 months following the date of reinstatement. If the person fails to maintain the proof, the restricted driving privilege will be suspended for the remainder of the six-month period or until the person files proof with the director (Section 302.060).

The act applies the same criteria to persons who have had their license suspended or revoked due to points for a second or subsequent conviction relating to driving while in an intoxicated condition, driving under the influence of controlled substances or drugs or driving with a blood alcohol content of eight-hundredths of one percent or more by weight. Such persons must also file proof with the director that have equipped their motor vehicles with certified ignition interlock devices. Such devices shall be maintained on all vehicles for a period of at least 6 months following the date of reinstatement. If the person fails to maintain proof of maintaining an ignition interlock device, the person will be guilty of a Class A misdemeanor (Section 302.304).

The act specifies that a limited driving privilege may be granted to a person seeking the services of a certified ignition interlock device provider. No limited driving privilege shall be issued under Section 302.309 until the applicant for such privilege files proof with the Director of Revenue that all of the motor vehicles operated by the applicant are equipped with certified ignition interlock devices. Failure to maintain proof of installation of a functioning, certified ignition interlock device shall result in termination of the limited driving privilege (Section 302.309).

The provisions of the act relating to the installation of ignition interlock devices become effective July 1, 2009.

This act attempts to rectify a recent Supreme Court ruling which held that a defendant's prior guilty plea and suspended imposition of sentence in municipal court could not be used to enhance the punishment for the defendant's new intoxication-related traffic offense. This act specifies that a plea of guilty or a finding of guilty followed by incarceration, a suspended imposition of sentence, suspended execution of sentence, probation or parole or any combination thereof in any intoxication-related traffic offense in a state, county or municipal court shall be treated as a prior conviction for purposes of enhanced punishment under Section 577.023. Provisions similar to this one are also contained in SS/SCS/SB 761 & 774 (2008), SCS/HCS/HB 1715 (2008), the perfected version of SB 1107 (2008) and HCS/SCS/SB 930 & 947 (2008) (Section 577.023).

The act also modifies the definition of "intoxication-related traffic offense" for purposes of enhanced sanctions against repeat offenders. Under the act, the requirement that the defendant be represented by or have waived the right to an attorney in writing is repealed because the statutory requirement effectively prevents the use of prior where prosecutors, through no fault of their own, cannot prove a defendant was represented by or waive the right to an attorney in writing because of inadequate procedures or records maintained by the courts. Section 577.023 contains an emergency clause.

ALEXA PEARSON & STEPHEN WITTE