New Missouri DWI laws go into effect August 28

by admin on August 24, 2008


Fulton, MO

New road rules will soon go into effect that impact how and where some drivers are allowed to steer their vehicles.

Recent legislation signed by Gov. Matt Blunt will begin being enforced by at least Aug. 28, and means to clarify both operation of vehicles and punishment for misuse.

At the top of the list is a measure that closes a loophole in sentencing for intoxication. The law change aims to hold those found to be driving while intoxicated accountable, regardless of where they are caught.

“In Missouri if you have DWI one and two, then DWI three would be a felony,” said Tim Hull, a captain with the Missouri Highway Patrol. “But you have to have those in that sequence.

“Therefore, (the Supreme Court) was not allowing us to count the first one in that sequence if it happened within a municipality. If somebody got a DWI in a city and I would get them again on a state highway, although they had that previous offense I couldn’t have counted it and would still be arresting them for their first.”

Under the old law, DWI defendants could plead guilty or receive a suspended imposition in a municipality and that DWI could not be held against a person if they reached the felony threshhold of two more intoxication offenses.

“What this does is allow us to count that conviction, that plea of guilty or finding them guilty against them in a new sentence,” Hull said. “Therefore, a previous intoxication will count whether it’s state, county or muncipality ordinance and treat it just like a plea of guilty or finding them guilty.”

Other statute adjustments transfer some enforcement of DWI charges to the Department of Revenue. It will be in charge – starting next July 1 – of keeping check whether multiple offenders have an ignition interlock device installed. The device checks the person’s alcohol level and can prevent them from driving with alcohol in their system.

“Once a person receives that conviction, now (the Department of Revenue) will mandate an ignition interlock device be put back on their car before they can re-issue a driver’s license,” Hull said.

The legislature also changed laws for particular types of vehicles. That started with utility vehicles – like John Deere Gators – and ended with statewide rules for tractor trailers.

“Until now utility vehicles could not be operated legally on our roadways at all,” Hull said. “Under these specific guidelines utility vehicles can be used if owned and operated by a governmental entity for official use, operated for agriculture or industrial purposes, and (legislators) also put a clause in there that utility vehicles can be operated on occasion on secondary roads between the hours of sunrise and sunset.”

While this broadens rules for utility vehicles, restrictions are in order for tractor trailers in urban areas. New changes will prohibit them from using the left-hand lane on all three-lane roads in Missouri.

“That law had already been passed in the St. Louis area within the urbanized area when you have three lanes going the same direction,” Hull said. “This act kind of broadens it out from the St. Louis area to other urbanized areas around the state.

“We’re just making people aware of these new law changes and how it’s going to affect vehicle operation and want to educate the drivers and public of what’s new.”

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