As used in this Chapter, the following terms shall have these
prescribed meanings:
Physically driving or operating a vehicle or vessel.
When a person is under the influence of alcohol, a controlled
substance, or drug, or any combination thereof.
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.
Includes the definition of "Law Enforcement Officer" in 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 or she operates a vehicle while in an intoxicated condition.
[1]
Note: As to provisions concerning sentencing and suspended
imposition of sentence under certain conditions, see § 577.010,
RSMo.
A.
A person commits the offense of driving with excessive blood alcohol
content if such person operates:
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.
[1]
Note: As to provisions concerning sentencing and suspended
imposition of sentence under certain conditions, see § 577.012,
RSMo.
[R.O. 2008 § 342.040; 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 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.
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 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.
[R.O. 2008 § 342.060; 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.
[R.O. 2008 § 342.065; 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., 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;
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shall be considered to have violated
this Section so long as:
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1.
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Such person has in his or her possession
a receipt dated that date from the restaurant bar or winery; and
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2.
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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.
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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.
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