As used in this Chapter the following terms shall have these
prescribed meanings:
Physically driving or operating a motor vehicle.
A person is in an "intoxicated condition" when he/she is
under the influence of alcohol, a controlled substance, or drug, or
any combination thereof.
[Ord. No. 2622 §1, 9-25-2001; Ord.
No. 4558, 2-13-2023]
A.Â
Generally. A person commits the offense of "driving while
intoxicated" if he/she operates a motor vehicle while in an intoxicated
and/or drugged condition.
B.Â
Driving With Excessive Blood Alcohol Content. A person commits
the offense of "driving with excessive blood alcohol content" if he/she
operates a motor vehicle in this City with eight-hundredths of one
percent (0.08%) or more by weight of alcohol in his/her blood.
C.Â
Marijuana
shall not be consumed by any person operating or in physical control
of any motor vehicle or other motorized form of transportation in
the City.
D.Â
Marijuana-infused
products shall not be consumed by any person operating or in physical
control of any motor vehicle or other motorized form of transportation
in the City.
E.Â
No
person shall smoke marijuana within a motor vehicle or other motorized
form of transportation while it is being operated within the City.
F.Â
As
used herein, the term "marijuana-infused products" shall mean products
that are infused, dipped, coated, sprayed, or mixed with marijuana
or an extract thereof, including, but not limited to, products that
are able to be vaporized or smoked, edible products, ingestible products,
topical products, suppositories, and infused prerolls.
A.Â
Any
person who operates a motor vehicle upon the public highways of this
State 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
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:
1.Â
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 driving a motor vehicle while in an intoxicated
or drugged condition; or
2.Â
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 driving a motor
vehicle with a blood alcohol content of two-hundredths of one percent
(0.02%) or more by weight; or
3.Â
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; or
4.Â
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.
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The test shall be administered at the direction of the Law Enforcement
Officer whenever the person has been arrested or stopped for any reason.
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B.Â
The
implied consent to submit to the chemical tests listed in Subparagraph
(1) of this Subsection shall be limited to not more than two (2) such
tests arising from the same arrest, incident or charge.
C.Â
Chemical
analysis of the person's breath, blood, saliva, or urine to be considered
valid pursuant to 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.Â
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.Â
Upon
the request of the person who is tested, full information concerning
the test shall be made available to him/her.
F.Â
Any
person given a chemical test of the person's breath pursuant to Subparagraph
(1) of this Subsection 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 either any trial of such person for either a violation of any State
law or County or municipal ordinance, or any license revocation or
suspension proceeding pursuant to the provisions of Chapter 302, RSMo.
[Ord. No. 2622 §2 — 3, 9-25-2001]
A.Â
Upon the trial of any person for violation of any of the provisions of Section 345.020, 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 Subsection (5) of Section 491.060, RSMo., shall not prevent the admissibility or introduction of such evidence if otherwise admissible. It shall be prima facie evidence that the person was intoxicated if such person has eight-hundredths of one percent (0.08%) or more by weight of alcohol in such person's blood.
B.Â
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.Â
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.Â
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
Subparagraph (1) of this Subsection, 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.
[CC 1989 §13-136; Ord. No. 1975 §1, 7-8-1996]
A.Â
No
person shall transport an open container of an alcoholic beverage
in a motor vehicle traveling upon the streets or highways of this
City except in the original container which shall not have been opened
and the seal upon which shall not have been broken, unless the opened
container be in a compartment outside of the passenger compartment
of the vehicle which is not accessible to the driver or any other
person in such vehicle while it is in motion.
B.Â
No
person shall consume any alcoholic beverage while operating a moving
motor vehicle upon the streets and highways of this City.
C.Â
Nothing
in this Section shall be construed as to prohibit the otherwise legal
consumption of alcoholic beverages by passengers on a privately or
publicly owned transit authority that has been chartered and is not
utilized for conveyance of the general public, where the operation
and control of such conveyance is by a person not in possession of
or with ready access to such alcoholic beverage. This Section shall
not apply to the living quarters of a recreational motor vehicle.
D.Â
A violation
of this Section shall be punishable by a fine of not less than twenty-five
dollars ($25.00) and not more than fifty dollars ($50.00) or incarceration
for a period not to exceed ninety (90) days, or a combination of both
fine and incarceration.
