City of O'Fallon, MO
St. Charles County
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Table of Contents
Table of Contents

Section 342.010 Definitions.

[R.O. 2007 §342.010; CC 1978 §340.180; Ord. No. 937 §2, 8-7-1982; Ord. No. 4253 §1, 9-19-2001]
As used in this Chapter, the following words shall have the meanings set out herein:
DRIVE, DRIVING, OPERATES OR OPERATING
Means physically driving or operating a motor vehicle.
INTOXICATED CONDITION
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.
PERCENT BY WEIGHT OF ALCOHOL IN THE BLOOD
"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 342.020 Driving While Intoxicated.

[R.O. 2007 §342.020; CC 1978 §340.180; Ord. No. 937 §3, 8-7-1982]
A person commits the violation of driving while intoxicated if he/she operates a motor vehicle while in an intoxicated or drugged condition.

Section 342.030 Driving With Excessive Blood Alcohol Content.

[R.O. 2007 §342.030; CC 1978 §340.180; Ord. No. 937 §4, 8-7-1982; Ord. No. 4253 §2, 9-19-2001]
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.

Section 342.040 Arrest With or Without Warrant.

[R.O. 2007 §342.040; CC 1978 §340.180; Ord. No. 937 §6, 8-7-1982; Ord. No. 4253 §3, 9-19-2001]
An arrest without a warrant by a Police Officer for a violation of Sections 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.

Section 342.050 Chemical Test For Alcohol Content — Consent Implied — Administered — When — How — Videotaping of Chemical or Field Sobriety Test Admissible Evidence.

A. 
This Section and Section 577.021, RSMo., shall be known as the Alan Woods Law.
B. 
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 or serious physical injury as defined in Section 565.002, RSMo.
The test shall be administered at the direction of the Law Enforcement Officer whenever the person has been arrested or stopped for any reason.
C. 
The implied consent to submit to the chemical tests listed in Subsection (B) of this Section shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.
D. 
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.
E. 
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.
F. 
Upon the request of the person who is tested, full information concerning the test shall be made available to such person. Full information is limited to the following:
1. 
The type of test administered and the procedures followed;
2. 
The time of the collection of the blood or breath sample or urine analyzed;
3. 
The numerical results of the test indicating the alcohol content of the blood and breath and urine;
4. 
The type and status of any permit which was held by the person who performed the test;
5. 
If the test was administered by means of a breath testing instrument, the date of performance of the most recent required maintenance of such instrument.
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.
G. 
Any person given a chemical test of the person's breath pursuant to Subsection (B) 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 342.060 Drinking While Driving.

[R.O. 2007 §342.060; Ord. No. 4253 §5, 9-19-2001]
A person commits the violation of "drinking while driving" if he/she consumes any alcoholic beverage while operating a moving motor vehicle upon the public roadways.

Section 342.065 Operating A Motor Vehicle With An Open Container of An Alcoholic Beverage.

[Ord. No. 5137 §1, 2-8-2007]
A. 
Subject to the exceptions in Subsections (B), (C) and (D) of this Section, a person commits the violation of "operating a motor vehicle with an open container of an alcoholic beverage" if such person is operating a motor vehicle in which an open container of beer or intoxicating liquor is located while such vehicle is on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.
B. 
Notwithstanding Subsection (A), this Section does not apply to a person who is conveying passengers in and operating a limousine or taxicab licensed for commercial use if no other person is occupying a seat in the front compartment of the vehicle where the operator of the vehicle is located and no open container is in such compartment.
C. 
Notwithstanding Subsection (A), this Section does not apply to the possession of an opened container that is securely resealed and stored in the trunk of a motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers and not easily accessible by the driver or passengers.
D. 
Pursuant to the provisions of Section 311.101, RSMo., Supp. 2005, no person who transports in a vehicle one (1) or more bottles of unfinished wine which
1. 
Came from a licensed restaurant bar or winery,
2. 
After having ordered a meal (if from a restaurant bar), and
3. 
If the wine was partially consumed from such bottle(s) at the restaurant bar or winery,
shall be considered to have violated this Section so long as:
1.
Such person has in his or her possession a receipt dated that date from the restaurant bar or winery, and
2.
The bottle or bottles of wine remain in the restaurant bar- or winery-furnished, one-time-use, tamperproof, transparent bag(s) with the seal(s) intact.
In any prosecution under this Section the burden of injecting the issue of this exception and the burden or persuasion with respect thereto shall rest with the defendant.
E. 
Any person violating the provisions of this Section shall be guilty of a misdemeanor punishable in accordance with Municipal Code Section 100.010.