Missouri Missouri’s all -offender ignition interlock law has been in effect since March 2014. From 2006 to 2020 in Missouri, interlocks stopped 128,196 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 11,100 attempts to drive drunk in 2020. Why does MADD call the law all-offender? A first-time offender can drive during a 90-day administrative license suspension period with an ignition interlock.
Grade: D+ (67/100) Loopholes exist in Missouri’s all - offender law as drunk drivers can wait out the ignition interlock order or utilize diversion to avoid a drunk driving conviction.
Process to obtain an ignition interlock 1. Serve all suspension and jail time. Fill out LDP application if applicable. 2. Attend and complete the Substance Abuse Traffic Offender Program. 3. Fill out an SR-22 form as proof of financial responsibility. 4. Schedule an appointment to have an interlock device installed. 5. Pay reinstatement fee and provide all of the above paperwork to the DOR. 6. Complete court regulations as well. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense Upon revocation by DMV 90 days
Unclear
Second offense
Unclear
Allow for interlock use for any refusal.
Interlocks not available for refusals
First refusal
Can a drunk driver wait out an interlock order?
Yes
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Legislative Recommendation
Compliance based removal? Yes A violation is defined as any incident of device tampering, circumvention, or a BAC of .025 or greater. A person should not remove the device until the installer has certified to the Department of Revenue that a person is violation free. A person must request this certification from the interlock installer. Failure to obtain certification will result in a 30-day extension of interlock restricted driving privilege or an additional 30-day suspension without any driving privileges. Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? No
As part of any non-adjudication agreement, allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Yes
Affordability program?
Create an affordability program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non- indigent interlock users.
Legislative Recommendation
Sources: V.A.M.S. 302.304, V.A.M.S. 577.600, Missouri Department of Revenue.
32
Made with FlippingBook Ebook Creator