SB 334 - This act modifies the offense of driving with excessive blood alcohol content and also changes other sections of law to reflect these changes.OFFENSE OF DRIVING WITH EXCESSIVE BLOOD CONTENT
This act renames the offense of driving with excessive blood alcohol content to the offense of driving with prohibited blood alcohol or drug content. In addition to current provisions about driving with certain levels of blood alcohol content, a person is guilty of this offense who operates a vehicle while any amount of controlled substance is present in the person, as measured in the person's bodily fluids.
The presence of a controlled substance in a person's bodily fluids after the person was operating a motor vehicle is presumed to show the presence of such substance at the time the person was operating the vehicle.
When a person is charged with this offense on the allegation that a controlled substance was present in the person while operating a vehicle, that person may assert the affirmative defense that the controlled substance was prescribed and taken in accordance with medical directions.
A law enforcement officer may, prior to arrest, administer a chemical test to any person suspected of operating a vehicle with any amount of a controlled substance present in the person.
DEPARTMENT OF REVENUE - LICENSE SUSPENSION OR REVOCATION
Under current law, when a law enforcement officer arrests a person for driving while intoxicated or with certain levels of alcohol in the system the officer must forward to the Department of Revenue certain information pertaining to the arrest. This act includes that when a person is arrested and his or her blood, urine, or saliva show the presence of a controlled substance then information pertaining to the arrest shall also be sent to the Department of Revenue. Currently, the Department of Revenue may suspend or revoke the license of a person arrested for driving while intoxicated or with certain levels of alcohol in his or her system. This act states that the Department may also suspend or revoke the license of a person who is arrested for driving with any amount of a controlled substance in the person. Additionally under current law, a person who was under 21 at the time that his or her license was revoked or suspended will have his or her record expunged by the Department unless the person is convicted of driving with certain levels of alcohol in his or her system. This act provides that a person convicted of driving with any amount of a controlled substance, under the new offense of driving with prohibited blood alcohol or drug content, also is ineligible for automatic expungement.
The act modifies the definition for "intoxication-related traffic offense" to include driving with prohibited drug content as it related to those who have commercial driver's licenses.
ENDANGERMENT OF A HIGHWAY WORKER
The offense of endangerment of a highway worker occurs when a person commits certain offenses within a work zone. This act adds driving with any amount of a controlled substance in the person's system, under the new offense of driving with prohibited blood alcohol or drug content, to the list of offenses.
DWI COURTS
A circuit court may currently establish a docket or court specifically for those how have plead guilty to driving while intoxicated or with certain levels of alcohol in the system. This provision is modified to include the new offense of driving with prohibited blood alcohol or drug content.
UNIFORM FRESH PURSUIT LAW
Currently, a law enforcement officer of another state who enters Missouri in fresh pursuit of a person believed to be driving while intoxicated or with certain levels of alcohol in his or her system may arrest such person in the state. This act modifies the provision to include the new offense of driving with prohibited blood alcohol or drug content.
The act is identical to SCS/SB 710 (2018) and similar to SB 499 (2017).
CHARLEY MERRIWEATHER