[Ord. No. 4392, 12-14-2023]
As used in this Chapter, the following terms shall have these
prescribed meanings:
INTOXICATION-RELATED TRAFFIC OFFENSE
Driving while intoxicated, driving with excessive blood alcohol
content, driving under the influence of alcohol or drugs in violation
of a State law, County or Municipal ordinance, any Federal offense,
or any military offense, or an offense in which the defendant was
operating a vehicle while intoxicated and another person was injured
or killed in violation of any State law, County or Municipal ordinance,
any Federal offense, or any military offense.
LAW ENFORCEMENT OFFICER or ARRESTING OFFICER
Includes the definition of "Law Enforcement Officer" in Section
556.061, RSMo., and military Police Officers conducting traffic enforcement
operations on a Federal military installation under military jurisdiction
in the State of Missouri.
[Ord. No. 4392, 12-14-2023]
A person commits the offense of driving while intoxicated if
he or she operates a vehicle while in an intoxicated condition.
[Ord. No. 4392, 12-14-2023]
A. A person commits the offense of driving with excessive blood alcohol
content if such person operates:
1.
A vehicle while having eight-hundredths of one percent (0.08%)
or more by weight of alcohol in his or her blood; or
2.
A commercial motor vehicle while having four-hundredths of one
percent (0.04%) or more by weight of alcohol in his or her 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.
[Ord. No. 4392, 12-14-2023]
A. Consent Implied; Test Administered.
1.
Any person who operates a motor vehicle upon the public highways
of this City shall be deemed to have given consent, subject to the
provisions of Sections 577.019 to 577.041, RSMo., to a chemical test
or tests of the person's breath, blood, saliva, or urine for the purpose
of determining the alcohol or drug content of the person's blood pursuant
to the following circumstances:
a.
If the person is arrested for any offense arising out of acts
which the arresting officer had reasonable grounds to believe were
committed while the person was operating a vehicle while in an intoxicated
condition;
b.
If the person is under the age of twenty-one (21), has been
stopped by a Law Enforcement Officer, and the Law Enforcement Officer
has reasonable grounds to believe that such person was operating a
vehicle with a blood alcohol content of two-hundredths of one percent
(0.02%) or more by weight;
c.
If the person is under the age of twenty-one (21), has been
stopped by a Law Enforcement Officer, and the Law Enforcement Officer
has reasonable grounds to believe that such person has committed a
violation of the traffic laws of the State, or any political subdivision
of the State, and such officer has reasonable grounds to believe,
after making such stop, that such person has a blood alcohol content
of two-hundredths of one percent (0.02%) or greater;
d.
If the person is under the age of twenty-one (21), has been
stopped at a sobriety checkpoint or roadblock and the Law Enforcement
Officer has reasonable grounds to believe that such person has a blood
alcohol content of two-hundredths of one percent (0.02%) or greater;
or
e.
If the person, while operating a vehicle, has been involved
in a collision or accident which resulted in a fatality or a readily
apparent serious physical injury as defined in Section 556.061, RSMo.,
or has been arrested as evidenced by the issuance of a uniform traffic
ticket for the violation of any State law or County or Municipal ordinance
with the exception of equipment violations contained in Chapters 306
and 307, RSMo., or similar provisions contained in County or Municipal
ordinances.
2.
The test shall be administered at the direction of the Law Enforcement
Officer whenever the person has been stopped, detained, or arrested
for any reason.
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 (2) such tests arising from the same stop, detention, arrest, incident, or charge.
C. To be considered valid, chemical analysis of the person's breath,
blood, saliva, or urine shall be performed, according to methods approved
by the State Department of Health and Senior Services, by licensed
medical personnel or by a person possessing a valid permit issued
by the State Department of Health and Senior Services for this purpose.
D. The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, 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.
E. Upon the request of the person who is tested, full information concerning
the test shall be made available to such person.
1.
"Full information" is limited to the following:
a.
The type of test administered and the procedures followed;
b.
The time of the collection of the blood, breath, or urine sample
analyzed;
c.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
d.
The type and status of any permit which was held by the person
who performed the test;
e.
If the test was administered by means of a breath-testing instrument,
the date of the most recent maintenance of such instrument.
2.
"Full information" does not include manuals, schematics, or
software of the instrument used to test the person or any other material
that is not in the actual possession of the State. Additionally, "full
information" does not include information in the possession of the
manufacturer of the test instrument.
F. Any person given a chemical test of the person's breath pursuant to Subsection
(A) of this Section or a field sobriety test may be videotaped during any such test at the direction of the Law Enforcement Officer. Any such video recording made during the chemical test pursuant to this Subsection or a field sobriety test shall be admissible as evidence at any trial of such person for a violation of any State law or County or Municipal ordinance, and at any license revocation or suspension proceeding held pursuant to the provisions of Chapter 302, RSMo.
[Ord. No. 4392, 12-14-2023]
A. A person commits the offense of consumption of an alcoholic beverage
while driving if he or she operates a moving motor vehicle upon any
public thoroughfare for vehicles, including State roads, County roads
and public streets, avenues, boulevards, parkways, or alleys in the
City while consuming any alcoholic beverage.
B. The offense of consumption of an alcoholic beverage while driving
is an ordinance violation and shall not be reflected on any records
maintained by the Department of Revenue.