302.500. Definitions. - Missouri Statutes

Definitions.

302.500. As used in sections 302.500 to 302.540, thefollowing terms mean:

(1) "Alcohol concentration", the amount of alcohol in aperson's blood at the time of the act alleged as shown bychemical analysis of the person's blood, breath, saliva orurine;

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

(3) "Director", the director of the department of revenueor his authorized representative;

(4) "Driver's license" or "license", a license, permit, orprivilege to drive a motor vehicle issued under or granted bythe laws of this state. The term includes any temporary licenseor instruction permit, any nonresident operating privilege, andthe privilege of any person to drive a motor vehicle whether ornot the person holds a valid license;

(5) "Revocation", the termination by formal action of thedepartment of a person's license. A revoked license is notsubject to renewal or restoration except that an application fora new license may be presented and acted upon by the departmentafter the expiration of the revocation period;

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

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

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

Effective 7-27-89

(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).