Thursday, December 10, 2009

Gov. Nixon wants to make it a crime for drivers to refuse a blood-alcohol test

Posted by Peter Rugg on Thu, Dec 10, 2009 at 8:00 AM

click to enlarge Jay Nixon
  • Jay Nixon

Missouri Gov. Jay Nixon announced proposed legislation Wednesday that would change the way Missouri deals with DWI cases and keep repeat drunk-drivers off the road.

Most of the proposals deal with increased penalties and methods to track DWI records. They also include outlawing the one thing every lawyer will tell you to do if you're pulled over on the way home from a bender. Or so we've heard. Knock on wood.

Before announcing his plan, Nixon convened a DWI summit in November seeking input from police chiefs, sheriffs, prosecutors, judges, court clerks and victim advocates. While you read Nixon's proposed changes, remember that a .08 blood-alcohol level is considered intoxicated under Missouri law, and the people who advised him make a living putting citizens in prison.

Nixon's rules would:

  • Charge in state court as well as municipal court repeat DWI offenders, drivers with a blood-alcohol level of .15 and above and drivers who refuse a blood-alcohol test. 
  • Create new, enhanced, penalties for offenders with a blood-alcohol level of .15 and above.
  • Make it a crime for any driver to refuse a blood-alcohol test.
  • Expand the use of ignition-interlock devices to include cases when the driver's blood-alcohol level was .15 or above or when the driver refuses a blood-alcohol test.
  • Get rid of the provision that allows DWI offenders to have their records expunged if they go 10 years without another offense.
  • Require all jurisdictions to enter DWI arrest and case information into the Missouri State Highway Patrol's DWI Tracking System. Grant funding could be withheld from jurisdictions that don't send information.
  • Prohibit defendants from withdrawing guilty pleas for DWI when reaching the end of their probation under a suspended sentence. 
Rep. Bryan Stevenson (R-Joplin) and Rep. Rachel Bringer (D-Palmyra) will co-sponsor the legislation.

If the goal is preventing repeat offenders, as Nixon is selling it, then the changes are largely sensible. People who don't start calling a cab after one DUI probably shouldn't be trusted with that much steel and an engine even sober.

But making it a crime to refuse that blood-alcohol test doesn't sit right. A lot of officers are honorable men and women. Still, there should be some things a cop just can't force on you. 

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You go Governor!! It's time for drunk drivers to get out of their tickets by refusing to blow. Abe, losing a driver's license doesn't keep drunks from driving!

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Posted by Cindy on 12/15/2009 at 8:18 AM

Don't you already get in trouble for refusing a blood alcohol test? I thought you automatically lost your licence for year if you refused a test, I'm guessing this asshole just wants stiffer penalties for it?

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Posted by Abe on 12/10/2009 at 8:30 AM

I'll tell you what ought to be a crime; asshole politicians trying to neuter the 5th Amendment to publicize their rigorous "hard-liner" stance to the electorate.

Nixon knows full well that even were the Missouri legislature stupid enough to craft and then pass such an inanity, it would never stand up to a SCOTUS review. The mad ought to be fired for incompetency and deliberately wasting government resources.

'ffing jackass...

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Posted by Nick on 12/10/2009 at 8:07 AM
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