Cross Reference—As to drinking intoxicating liquor and non-intoxicating beer in public or in motor vehicle, see section 210.350.
A person commits the offense of "driving while intoxicated" if he/she operates a motor vehicle while in an intoxicated or drugged
condition.
[Ord. No. 814 §1, 3-6-2003]
A.
A person
commits the offense of "driving with excessive blood alcohol
content" if such person operates a motor vehicle in this
City with eight-hundredths of one percent (0.08%) or more by weight
of alcohol in such person's blood.
B.
As used
in this Section, "percent by weight of alcohol" in the blood shall
be based upon grams of alcohol per one hundred (100) milliliters of
blood or two hundred ten (210) liters of breath and may be shown by
chemical analysis of the person's blood, breath, saliva or urine.
For the purposes of determining the alcoholic content of a person's
blood under this Section, the test shall be conducted in accordance
with the provisions of Sections 577.020 to 577.041, RSMo.
A.
No person
shall consume any alcoholic beverage while operating a moving motor
vehicle upon the highways, as defined in Section 301.010, RSMo.
B.
Any person
found guilty of violating the provisions of this Section is guilty
of an infraction.
C.
Any infraction
under this Section shall not reflect on any records with the Department
of Revenue.
A.
Any person
who operates a motor vehicle upon the public highways of this City
shall be deemed to have given consent to, subject to the provisions
of Sections 577.020 to 577.041, RSMo., a chemical test or tests of
his/her breath, blood, saliva or urine for the purpose of determining
the alcohol or drug content of his/her blood if arrested for any offense
arising out of acts which the arresting officer had reasonable grounds
to believe were committed while the person was driving a motor vehicle
while in an intoxicated or drugged condition. The test shall be administered
at the direction of the arresting law enforcement officer whenever
the person has been arrested for the offense.
B.
The implied consent to submit to the chemical tests listed in Subsection (A) of this Section shall be limited to not more than two such tests arising from the same arrest, incident or charge.
C.
Chemical
analysis of the person's breath, blood, saliva, or urine to be considered
valid under the provisions of Sections 577.020 to 577.041, RSMo.,
shall be performed according to methods approved by the State Department
of Health by licensed medical personnel or by a person possessing
a valid permit issued by the State Department of Health for this purpose.
D.
The State
Department of Health shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid under the provisions
of Sections 577.020 to 577.041, RSMo., and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health.
E.
The person
tested may have a physician, or a qualified technician, chemist, registered
nurse, or other qualified person of his/her own choosing and at his/her
expense administer a test in addition to any administered at the direction
of a law enforcement officer. The failure or inability to obtain an
additional test by a person shall not preclude the admission of evidence
relating to the test taken at the direction of a law enforcement officer.
F.
Upon
the request of the person who is tested, full information concerning
the test shall be made available to him/her.
A.
Upon the trial of any person for violation of any of the provisions of Section 565.024, RSMo., or Section 565.060, RSMo., or Section 342.010 or 342.020 or upon the trial of any criminal action or violations of county or municipal ordinances or in any license suspension or revocation proceeding pursuant to the provisions of Chapter 302, RSMo., arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of Subdivision (5) of Section 491.060, RSMo., shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there were ten-hundredths of one percent (0.10%) or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.
B.
Percent
by weight of alcohol in the blood shall be based upon grams of alcohol
per one hundred (100) milliliters of blood or grams of alcohol per
two hundred ten (210) liters of breath.
C.
The foregoing
provisions of this Section shall not be construed as limiting the
introduction of any other competent evidence bearing upon the question
whether the person was intoxicated.
D.
A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subsection (A) of this Section, shall have been performed as provided in Sections 577.020 to 577.041, RSMo., and in accordance with methods and standards approved by the State Department of Health.
E.
Any charge alleging a violation of Section 342.010 or 342.020, or any County or municipal ordinance prohibiting driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva, or urine performed in accordance with Sections 577.020 to 577.041, RSMo., and rules promulgated thereunder by the State Department of Health demonstrate that there was less than ten-hundredths of one percent (0.10%) of alcohol in the defendant's blood unless one (1) or more of the following considerations cause the court to find a dismissal unwarranted:
1.
There
is evidence that the chemical analysis is unreliable as evidence of
the defendant's intoxication at the time of the alleged violation
due to the lapse of time between the alleged violation and the obtaining
of the specimen;
2.
There
is evidence that the defendant was under the influence of a controlled
substance, or drug, or a combination of either or both with or without
alcohol; or
3.
There
is substantial evidence of intoxication from physical observations
of witnesses or admissions of the defendant.
