By Daren Adkins, Daviess County Associate Circuit Judge
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As there appears to be an increase in the number of cases involving the operation of a motor vehicle and the possession of alcohol and/or drugs, I thought a discussion of the provisions of Missouri’s Abuse and Lose law may be informative.
These statutes are located at §§577.500-530 Rev.Stat.Mo. (Supp. 2005). This statute requires the Court to physically take from the defendant his/her driver’s license and suspend the driving privileges of any person under 21 years of age who pleads guilty to, or is found guilty of any of the following:
1. any traffic offense involving alcohol including driving while intoxicated, driving with an excessive blood alcohol content, and various other assault and manslaughter provisions,
2. any offense involving the possession or use of alcohol while operating a motor vehicle, regardless of whether the defendant had consumed any alcohol or not,
3. possession or use a controlled substance, such as marijuana, cocaine, or any other illegal drug,
4. the alteration or misrepresentation of a license to operate a motor vehicle, whether attempting to purchase alcohol or not, and
5. any second offense involving the use or possession of a controlled substance or alcohol while under the age of 18 years regardless of whether you are operating a motor vehicle or not.
Upon the first violation, the defendant will be suspended for a period of 90 days, and any subsequent violations will result in up to a one-year revocation of the driver’s license.
A new provision added this past year creates the crime of possession of alcohol by a minor if the minor is visibly intoxicated, or has a blood alcohol level .02% or more – no actual, physical possession is required. §311.325 RSMo. (2005) If the defendant pleads guilty to or is found guilty of this provision, the Court is required to take the defendant’s driver’s license and send it to the Director of Revenue who will issue a 30 day suspension for a first offense.
This section also applies to those persons under 16 years of age. In those cases the juvenile court is required to hold the order of suspension until 30 days before the defendant turns 16. The suspension then takes effect when the juvenile turns 16.
If a defendant over 21 years of age and plead guilty to or are found guilty of operating a motor vehicle while in possession of a controlled substance, the Court is required to physically take the defendant’s driver’s license. The Director of Revenue then revokes it for one year.
The Court is also required to order the defendant to complete a Substance Abuse Traffic Offender Program (SATOP) before their driver’s license may be reinstated. The cost of the assessment and SATOP class generally exceeds $250. These requirements are in addition to the reinstatement fee of $45, and if revoked the defendant must re-take both parts of the driver’s test.
Keep in mind that these provisions are administrative, not criminal, and are in addition to any fine, jail, board bill, and court costs assessed in the underlying charge. Most criminal cases that fall under this statute carry maximums of up to one year in the County jail and a fine of up to $1,000, or both.