Legislature’s budget bars use of state-appropriated funds for DUI checkpoints

Missouri drivers could see fewer impaired driving checkpoints under the budget proposed by the legislature.

House Budget Committee Chairman Scott Fitzpatrick (left) and Senate Budget Committee Chairman Dan Brown (right) conduct a budget conference committee hearing in the House Lounge on May 3, 2017. (photo; Tim Bommel, Missouri House Communications)
House Budget Committee Chairman Scott Fitzpatrick (left) and Senate Budget Committee Chairman Dan Brown (right) conduct a budget conference committee hearing in the House Lounge on May 3, 2017. (photo; Tim Bommel, Missouri House Communications)

Language added by the House would prevent money in that budget from being used on checkpoints.  It could still be used for other enforcement efforts, and many lawmakers said they would prefer to see it used for saturation efforts – periods of increased numbers of law enforcement personnel on the roads.

House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob) said saturation efforts are more effective.

“Once the subcommittee passed that amendment, made that recommendation, I researched the issue, and the reality is that saturation patrols result in a greater number of arrests and at less cost per arrest,” said Fitzpatrick.  “To me what we should do as a budget committee is make sure that we’re spending the money in a way that gets the most number of drunk drivers off the road.”

Representative Kathie Conway (photo; Tim Bommel, Missouri House Communications)
Representative Kathie Conway (photo; Tim Bommel, Missouri House Communications)

The shift was strongly opposed by the Representative Kathie Conway (R-St. Charles), who chairs the subcommittee on the Department of Public Safety’s budget.

“I think that any time we take funds away that help law enforcement stop DWIs, it’s shameful,” said Conway.  “These two different methods – the saturation and the DUI checkpoints – work in harmony in the more populous areas … what I wanted to see allowed, either or, or a combination, it did not restrict it, and I very much do not like the House version of it.”

Several House Democrats agreed that they would rather have seen law enforcement allowed to continue using state appropriated funds for checkpoints, however the change was supported by several members of the legislature with law enforcement backgrounds.

Fitzpatrick said he wants to at least see some results.

“I would like to get a year’s worth of data on this.  I think it will result in more arrests,” said Fitzpatrick.

The change means that for the fiscal year beginning July 1, law enforcement agencies can still conduct DUI checkpoints, but they cannot use funds allocated by the state budget to pay for them.

The House and Senate voted Thursday to send that budget plan to Governor Eric Greitens (R), one day ahead of its constitutional deadline.

House budget proposal could mean fewer DUI checkpoints on Missouri roads

If the House’s budget proposal stands, Missourians might see fewer DUI checkpoints on state roads over the next fiscal year.

Representative Galen Higdon opposed language in the House's FY '18 budget proposal that would keep state and federal funds allocated by that budget from going to DUI Checkpoints. (photo; Tim Bommel, Missouri House Communications)
Representative Galen Higdon opposed language in the House’s FY ’18 budget proposal that would keep state and federal funds allocated by that budget from going to DUI Checkpoints. (photo; Tim Bommel, Missouri House Communications)

The House proposed language that would prevent money controlled by that budget from going to such checkpoints.  House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob) said this is largely because of data indicating checkpoints aren’t effective enough compared to other enforcement methods.

“I looked at the data … on what’s the best way to get drunk drivers off the road, and according to data from [the Department of Transportation], the best way to do it is saturation patrols,” said Fitzpatrick.  “Last year alone, saturation patrols resulted in a little over 3,000 DWI arrests.  Checkpoints resulted in about 1,200, at a cost of over $1,000 per arrest when you look at how much we spend on the checkpoints.”

Lake St. Louis Republican Representative Justin Hill, who formerly worked for the O’Fallon Police Department, also said saturation efforts are more effective.  He encouraged fellow lawmakers to give those a try for the twelve months of Fiscal Year ’18.

“Let’s look at the numbers, and I’m sure you will see, and your constituents and your police departments will see that this is more effective and is least impacting innocent individuals that might otherwise go through a checkpoint,” said Hill.

Representative Galen Higdon (R-St. Joseph) is a former Buchanan County Sheriff’s Deputy.  He coordinated checkpoints for the last four years before his retirement.  He believes checkpoints have reduced crashes in his district, so he opposed the new language.

“[Checkpoints] are an efficient way to reduce intoxicated or impaired drivers on our highways,” said Higdon.

Representative Justin Hill supports language in the House's FY '18 budget proposal that would discourage DUI checkpoints for what he believes are more effective efforts. (photo; Tim Bommel, Missouri House Communications)
Representative Justin Hill supports language in the House’s FY ’18 budget proposal that would discourage DUI checkpoints for what he believes are more effective efforts. (photo; Tim Bommel, Missouri House Communications)

Representative Kathie Conway (R-St. Charles) chairs the budget subcommittee on Public Safety.  She said when the idea to bar state funds from going to checkpoints came up she heard from numerous law enforcement agencies, victims groups, anti-drunk driving groups, and others who opposed the change and were “upset” about it.

She said checkpoints and saturation efforts can work in conjunction, and said the latter actually work better when the two are used together.

“While [saturation efforts] are good methods as well, a lot of them hinge on DUI checkpoints because it drives people nearby to avoid the checkpoints,” said Conway.

Proponents of the change also said there are questions of whether checkpoints violate Missourians’ rights, and said saturation efforts are also more effective at dealing with other violations of the law besides impaired driving.

If the language becomes law, nothing in Missouri law would prevent law enforcement agencies from conducting checkpoints.  They simply would not be able to use money allocated by the state budget to do so.

The House’s proposed budget plan next goes to the state Senate for its consideration.