Section 302.500

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 302

Effective - 01 Jan 2017, 2 histories, see footnote   

  302.500.  Definitions. — As used in sections 302.500 to 302.540, the following terms mean:

  (1)  "Alcohol concentration", the amount of alcohol in a person's blood at the time of the act alleged as shown by chemical analysis of the person's blood, breath, saliva or urine;

  (2)  "Department", the department of revenue of the state of Missouri;

  (3)  "Director", the director of the department of revenue or his or her authorized representative;

  (4)  "Driver's license" or "license", a license, permit, or privilege to drive a motor vehicle issued under or granted by the laws of this state.  The term includes any temporary license or instruction permit, any nonresident operating privilege, and the privilege of any person to drive a motor vehicle whether or not the person holds a valid license;

  (5)  "Revocation", the termination by formal action of the department of a person's license.  A revoked license is not subject to renewal or restoration except that an application for a new license may be presented and acted upon by the department after the expiration of the revocation period;

  (6)  "State", a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any province of Canada;

  (7)  "Suspension", the temporary withdrawal by formal action of the department of a person's license.  The suspension shall be for a period specifically designated by the department pursuant to the provisions of sections 302.500 to 302.540.

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(L. 1983 S.B. 318 & 135 § 2, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 2014 S.B. 491)

Effective 1-01-17

(1992)  For purposes of determining whether record was clear of alcohol related offenses for ten years, an alcohol related enforcement contact occurs when the formal action to withdraw a person's license is taken by the department and not at the future date when the suspension actually takes effect.  Fowler v. Director of Revenue, State, 823 S.W.2d 134 (Mo. App.).

(1996) It is not double jeopardy to be guilty of DWI in violation of section 577.010 and to suspend driving privileges pursuant to sections 302.500, et seq.  State v. Mayo, 915 S.W.2d 758 (Mo.banc).