As used in this Chapter, the following terms shall have these
prescribed meanings:
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.
LAW ENFORCEMENT OFFICER OR ARRESTING OFFICER
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.
[R.O. 2005 §26-92; CC 1997 §26-92]
A. No person
shall knowingly transport 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 cork or cap shall not
have been removed, unless the opened container be in the rear trunk
or rear compartment, which shall include the spare tire compartment
or any outside compartment which is not accessible to the driver or
any other person in such vehicle while it is in operation. In the
case of a pickup truck, station wagon, hatchback or other similar
vehicle, the area behind the last upright seat shall not be considered
accessible to the driver or any other person.
B. No driver
of a motor vehicle shall allow any alcoholic beverage to be consumed
while such motor vehicle is in operation, nor shall any person consume
any alcoholic beverage while in a motor vehicle which is in operation.
C. 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
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.
D. This
Section shall not apply to the living quarters of a recreational motor
vehicle as defined in this Section.
E. Definitions. As used in this Section, the following definitions
shall apply:
ALCOHOLIC BEVERAGE
Includes alcohol for beverage purposes, alcoholic, spirituous,
vinous, fermented, malt or other liquors or combination of liquors,
a part of which is spirituous, vinous or fermented and to also include
any beer manufactured from pure hops or pure extract of hops and pure
barley malt or other wholesome grains or cereals and wholesome yeast
and pure water and free from all harmful substances, preservatives
and adulterates and having any alcoholic content by weight or volume.
RECREATIONAL MOTOR VEHICLE
Any motor vehicle designed, constructed or substantially
modified so that it may be used and as is used for the purpose of
temporary housing quarters, including there sleeping and eating facilities
which are either permanently attached to the motor vehicle or attached
to a unit which is securely attached to the motor vehicle. Nothing
herein shall prevent any motor vehicle being registered as a commercial
motor vehicle if the motor vehicle could otherwise be so registered.