Cross Reference — As to reimbursement of certain costs
related to arrest under this chapter, §135.330(9) of this Code.
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.
Includes the definition of Law Enforcement Officer in Subdivision
(17) of Section 556.061, RSMo., and military Policemen conducting
traffic enforcement operations on a Federal military installation
under military jurisdiction in the State of Missouri.
A person commits the offense of "driving while intoxicated" if he/she operates a motor vehicle while in an intoxicated or drugged
condition. No person convicted of or pleading guilty to the offense
of driving while intoxicated shall be granted a suspended imposition
of sentence for such offense, unless such person shall be placed on
probation for a minimum of two (2) years.
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 (.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.
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;
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;
5.
If the person, while operating a motor vehicle, has been involved
in a motor vehicle collision which resulted in a fatality or a readily
apparent serious physical injury as defined in Section 565.002, RSMo.,
and 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 Chapter 307,
RSMo., or similar provisions contained in County or municipal ordinances;
or
6.
If the person, while operating a motor vehicle, has been involved
in a motor vehicle collision which resulted in a fatality.
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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.
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.
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 342.020 or 342.030 of this Chapter, 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 was eight-hundredths of one percent 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 and Senior Services.
E.
Any charge alleging a violation of Section 342.020 or 342.030 of this Chapter or any 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 and Senior Services demonstrate that there was less than eight-hundredths of one percent of alcohol (.08%) 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.
A.
If a person under arrest, or who has been stopped pursuant to Subdivision (2) or (3) of Subsection (A) of Section 342.040 of this Chapter, refuses upon the request of the officer to submit to any test allowed pursuant to Section 342.040, then none shall be given and evidence of the refusal shall be admissible in a proceeding pursuant to Section 565.024 or 565.060, RSMo., or Section 342.020 or 342.030 of this Chapter. The request of the officer shall include the reasons of the officer for requesting the person to submit to a test and also shall inform the person that evidence of refusal to take the test may be used against such person and that the person's license shall be immediately revoked upon refusal to take the test. If a person when requested to submit to any test allowed pursuant to Section 342.040 requests to speak to an attorney, the person shall be granted twenty (20) minutes in which to attempt to contact an attorney. If upon the completion of the twenty (20) minute period the person continues to refuse to submit to any test, it shall be deemed a refusal. In this event, the officer shall, on behalf of the Director of Revenue, serve the notice of license revocation personally upon the person and shall take possession of any license to operate a motor vehicle issued by this State which is held by that person. The officer shall issue a temporary permit, on behalf of the Director of Revenue, which is valid for fifteen (15) days and shall also give the person a notice of such person's right to file a petition for review to contest the license revocation.
B.
The
officer shall make a sworn report to the Director of Revenue, which
shall include the following:
1.
That the officer has:
a.
Reasonable grounds to believe that the arrested person was driving
a motor vehicle while in an intoxicated or drugged condition; or
b.
Reasonable grounds to believe that the person stopped, being under
the age of twenty-one (21) years, was driving a motor vehicle with
a blood alcohol content of two-hundredths of one percent (.02%) or
more by weight; or
c.
Reasonable grounds to believe that the person stopped, being under
the age of twenty-one (21) years, was committing a violation of the
traffic laws of the State or City, and such officer has reasonable
grounds to believe, after making such stop, that the person had a
blood alcohol content of two-hundredths of one percent (.02%) or greater;
2.
That the person refused to submit to a chemical test;
3.
Whether the officer secured the license to operate a motor vehicle
of the person;
4.
Whether the officer issued a fifteen (15) day temporary permit;
5.
Copies of the notice of revocation, the fifteen (15) day temporary
permit and the notice of the right to file a petition for review,
which notices and permit may be combined in one document; and
6.
Any license to operate a motor vehicle which the officer has taken
into possession.
C.
If
a person's license has been revoked because of the person's refusal
to submit to a chemical test, such person may petition for a hearing
before a Circuit or Associate Circuit Court in the County in which
the arrest or stop occurred. The person may request such Court to
issue an order staying the revocation until such time as the petition
for review can be heard. If the Court, in its discretion, grants such
stay, it shall enter the order upon a form prescribed by the Director
of Revenue and shall send a copy of such order to the Director. Such
order shall serve as proof of the privilege to operate a motor vehicle
in this State and the Director shall maintain possession of the person's
license to operate a motor vehicle until termination of any revocation
pursuant to this Section. Upon the person's request the Clerk of the
Court shall notify the Prosecuting Attorney of the County and the
Prosecutor shall appear at the hearing on behalf of the Director of
Revenue. At the hearing the Court shall determine only:
1.
Whether or not the person was arrested or stopped;
2.
Whether or not the officer had:
a.
Reasonable grounds to believe that the person was driving a motor
vehicle while in an intoxicated or drugged condition; or
b.
Reasonable grounds to believe that the person stopped, being under
the age of twenty-one (21) years, was driving a motor vehicle with
a blood alcohol content of two-hundredths of one percent (.02%)or
more by weight; or
c.
Reasonable grounds to believe that the person stopped, being under
the age of twenty-one (21) years, was committing a violation of the
traffic laws of the State, or political subdivision of the State,
and such officer had reasonable grounds to believe, after making such
stop, that the person had a blood alcohol content of two-hundredths
of one percent (.02%) or greater; and
3.
Whether or not the person refused to submit to the test.
D.
No
person who has had a license to operate a motor vehicle suspended
or revoked pursuant to the provisions of this Section shall have that
license reinstated until such person has participated in and successfully
completed a substance abuse traffic offender program defined in Section
577.001, or a program determined to be comparable by the Department
of Mental Health or the court. Assignment recommendations, based upon
the needs assessment as described in Subdivision (22) of Section 302.010,
RSMo., shall be delivered in writing to the person with written notice
that the person is entitled to have such assignment recommendations
reviewed by the court if the person objects to the recommendations.
The person may file a motion in the associate division of the Circuit
Court of the County in which such assignment was given, on a printed
form provided by the State Courts Administrator, to have the court
hear and determine such motion pursuant to the provisions of Chapter
517, RSMo. The motion shall name the person or entity making the needs
assessment as the respondent and a copy of the motion shall be served
upon the respondent in any manner allowed by law. Upon hearing the
motion, the court may modify or waive any assignment recommendation
that the court determines to be unwarranted based upon a review of
the needs assessment, the person's driving record, the circumstances
surrounding the offense, and the likelihood of the person committing
a like offense in the future, except that the court may modify but
may not waive the assignment to an education or rehabilitation program
of a person determined to be a prior or persistent offender as defined
in Section 577.023, RSMo., or of a person determined to have operated
a motor vehicle with fifteen-hundredths of one percent (.15%) or more
by weight in such person's blood. Compliance with the court determination
of the motion shall satisfy the provisions of this Section for the
purpose of reinstating such person's license to operate a motor vehicle.
The respondent's personal appearance at any hearing conducted pursuant
to this Subsection shall not be necessary unless directed by the court.
E.
The
fees for the substance abuse traffic offender program, or a portion
thereof to be determined by the Division of Alcohol and Drug Abuse
of the Department of Mental Health, shall be paid by the person enrolled
in the program. Any person who is enrolled in the program shall pay,
in addition to any fee charged for the program, a supplemental fee
to be determined by the Department of Mental Health for the purposes
of funding the substance abuse traffic offender program defined in
Sections 302.010 and 577.001, RSMo. The Administrator of the program
shall remit to the Division of Alcohol and Drug Abuse of the Department
of Mental Health on or before the fifteenth (15th) day of each month
the supplemental fee for all persons enrolled in the program, less
two percent for administrative costs. Interest shall be charged on
any unpaid balance of the supplemental fees due the division of alcohol
and drug abuse pursuant to this Section and shall accrue at a rate
not to exceed the annual rates established pursuant to the provisions
of Section 32.065, RSMo., plus three (3) percentage points. The supplemental
fees and any interest received by the department of mental health
pursuant to this Section shall be deposited in the mental health earnings
fund which is created in Section 630.053, RSMo.
F.
Any
administrator who fails to remit to the Division of Alcohol and Drug
Abuse of the Department of Mental Health the supplemental fees and
interest for all persons enrolled in the program pursuant to this
Section shall be subject to a penalty equal to the amount of interest
accrued on the supplemental fees due the division pursuant to this
Section. If the supplemental fees, interest, and penalties are not
remitted to the division of alcohol and drug abuse of the department
of mental health within six (6) months of the due date, the Attorney
General of the State of Missouri shall initiate appropriate action
of the collection of said fees and interest accrued. The court shall
assess attorney fees and court costs against any delinquent program.
An arrest without a warrant by a Law Enforcement Officer, including a uniformed member of the State Highway Patrol, for a violation of Section 342.020 or 342.030 is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated the Section, whether or not the violation occurred in the presence of the arresting officer and when such arrest without warrant is made within one and one-half (1½) hours after such claimed violation occurred, unless the person to be arrested has left the scene of an accident or has been removed from the scene to receive medical treatment, in which case such arrest without warrant may be made more than one and one-half (1½) hours after such violation occurred.
A.
No
person shall consume any alcoholic beverage while operating a moving
motor vehicle upon the highways.
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.
