City of Richmond Heights, MO
St. Louis County
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Table of Contents
Table of Contents

Section 340.010 Driving While Intoxicated or Under The Influence of Alcohol or A Controlled Substance.

[CC 1984 §24-297; Rev. M.C. 1963 §51.37; Ord. No. 3140 §24-150; Ord. No. 4401 §1, 6-17-1991; Ord. No. 4465 §4, 10-19-1992; Ord. No. 4795 §1, 9-17-2001]
No person shall operate a motor vehicle while in an intoxicated or drugged condition. 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 at the time the specimen was taken.

Section 340.020 Driving With Excessive Blood Alcohol Content.

[Ord. No. 4795 §2, 9-17-2001]
A. 
Definitions. As used in this Article, the following terms shall have these prescribed meanings:
ALCOHOL CONCENTRATION
The number of grams of alcohol per one hundred (100) milliliters of blood or the number of grams of alcohol per two hundred ten (210) liters of breath or the number of grams of alcohol per sixty-seven (67) milliliters of urine.
EXCESSIVE ALCOHOL CONCENTRATION
An alcohol concentration of four one-hundredths of a percent (0.04%) or more.
B. 
A person commits the crime of driving with excessive blood alcohol content if such person operates a motor vehicle in the City of Richmond Heights with eight hundredths of one percent (0.08%) or more by weight of alcohol in such person's blood.
C. 
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.

Section 340.030 Driving A Commercial Motor Vehicle While Having An Excessive Alcohol Concentration.

[CC 1984 §24-299; Ord. No. 4465 §5, 10-19-1992]
A. 
No person having an alcohol concentration of four one-hundredths of a percent (.04%) or more, or while under the influence of any controlled substance, shall operate a commercial motor vehicle.
B. 
For the purposes of this Section, the following persons are not considered to be drivers of commercial vehicles:
1. 
Any person driving a farm vehicle as defined in Section 302.700, RSMo.;
2. 
Any active duty military personnel, members of the Reserves and National Guard on active duty, including personnel on full-time National Guard duty, personnel on part-time training, and National Guard military technicians while driving military vehicles for military purposes;
3. 
Any person who drives emergency or fire equipment necessary to the preservation of life or property or the execution of emergency governmental functions under emergency conditions;
4. 
Any person driving or pulling a recreational vehicle, as defined in Sections 301.010 and 700.010, RSMo., for personal use; and
5. 
Any other class of persons exempted by rule or regulation of the Director of Revenue of the State of Missouri, which rule or regulation is in compliance with the Commercial Motor Vehicle Safety Act of 1986 and any amendments or regulations to said Act.

Section 340.040 Chemical Test For Alcohol Content — Consent Implied — Administered — When — How — Videotaping of Chemical or Field Sobriety Test Admissible Evidence.

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 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. 
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;
2. 
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 (.02%) or more by weight;
3. 
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 (.02%) or greater; or
4. 
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 (.02%) or greater. The test shall be administered at the direction of the Law Enforcement Officer whenever the person has been arrested or stopped 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 arrest, incident or charge.
C. 
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. 
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 him/her.
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 for a violation of any municipal ordinance, or any license revocation or suspension proceeding pursuant to the provisions of Chapter 302, RSMo.

Section 340.050 Consumption of Alcoholic Beverages in Motor Vehicles Prohibited.

[CC 1984 §24-296; Ord. No. 4438 §2, 3-16-1992; Ord. No. 4465 §3, 10-19-1992]
No person shall consume any alcoholic beverage while operating a moving motor vehicle upon the streets or highways of the City of Richmond Heights.

Section 340.060 Transporting Open Container of Alcoholic Beverage in Motor Vehicles Prohibited — Exceptions.

[CC 1984 §24-326; Ord. No. 4670 §1, 4-21-1997]
A. 
A person commits the offense of transporting an open container of alcoholic beverage in a motor vehicle if he/she transports in any vehicle operating upon a public highway, street or alley any alcoholic beverage, except in the original container which shall not have been opened and the seal upon which shall not have been broken, and from which the original cap or cork shall not have been removed, unless the open 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. 
Nothing in this Section shall be construed as to prohibit the otherwise legal consumption of alcoholic beverages by passengers on a private or public transit authority that has been chartered and it is not being 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.
C. 
This Section shall not apply to the passengers in a limousine when it is carrying passengers for hire, the passengers on a chartered bus when it is carrying passengers for hire, or passengers in a mobile home or recreational vehicle as defined in Section 300.010. However, the driver of any such vehicle is prohibited from consuming or having any alcoholic liquor in or about the driver's area.