Cross Reference — As to reimbursement of certain costs related to arrest under this chapter, §130.280 of this code.
As used in this Chapter, the following terms shall have these prescribed meanings:
- DRIVE, DRIVING, OPERATES OR OPERATING
- 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.
- 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.
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.
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.
This Section and Section 577.021, RSMo., shall be known as the Alan Woods Law.
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:
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;
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;
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;
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;
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
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 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.
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.
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.
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:
The type of test administered and the procedures followed;
The time of the collection of the blood or breath sample or urine analyzed;
The numerical results of the test indicating the alcohol content of the blood and breath and urine;
The type and status of any permit which was held by the person who performed the test;
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.
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.
[Ord. No. 09.48 §1, 10-16-2009]
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Chapter 342, Alcohol-Related Traffic Offenses of the Osage Beach Code of Ordinances, the court may, pursuant to Section 488.5334, RSMo., in addition to imposition of any penalties provided by law, order the person to reimburse law enforcement authorities for the costs associated with such arrest.
Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical tests to determine the alcohol or drug content of the person's blood, and the cost of processing, charging, booking and holding such person in custody.
Law enforcement authorities may establish a schedule of such costs for submission to the court, however, the court may order the costs reduced if it determines that the schedule of costs is excessive given the circumstances of the case or for good cause shown.
These fees shall be calculated as additional costs by the Municipal Court and shall be collected by the court in the same manner as other costs and fees are collected and remitted to the general revenue of the City.
These fees shall be retained in a separate account known as "DWI PD Reimbursement", line item 10-00-450250. Monies within this account shall be appropriated by the Board of Aldermen to law enforcement authorities for such account in amounts equal to those costs so incurred and shall be specifically used to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
No person shall consume any alcoholic beverage while operating a moving motor vehicle upon the highways.
Any person found guilty of violating the provisions of this Section is guilty of an infraction.
Any infraction under this Section shall not reflect on any records with the Department of Revenue.
[R.O. 2006 §342.100]
It shall be unlawful for a person to:
Drive a commercial motor vehicle in a willful or wanton disregard for the safety of persons or property;
Drive a commercial motor vehicle while having an alcohol concentration of four one-hundredths of a percent (.04%) or more as prescribed by the secretary or such other alcohol concentration as may be later determined by the secretary by regulation; or
Drive a commercial motor vehicle while under the influence of any substance so classified under Section 102(6) of the Controlled Substances Act (21 USC 802(6)), including any substance listed in schedules I through V of 21 CFR part 1308, as they may be revised from time to time.
Except as otherwise provided for in Sections 302.700 to 302.780, RSMo., whenever the doing of anything is required or is prohibited or is declared to be unlawful, any person who shall be convicted of a violation thereof shall be guilty of a misdemeanor.
[R.O. 2006 §342.050]
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.
[R.O. 2006 §342.060; Code 1975 §76.022; CC 1985 §24-101]
Any arrest for driving while intoxicated shall be handled as any other arrest for an offense of the same severity, except as follows:
As soon as practicable following such arrest, the Police Department shall obtain the driving record of the person arrested.
No person who has a prior conviction for driving while intoxicated or driving with excessive blood alcohol content within ten (10) years of the date of the present allege offense shall be prosecuted through the Municipal Court until after the State Prosecuting Attorney shall have had the opportunity to review the case and to consider filing appropriate State charges.
No person, regardless of his/her prior conviction record, shall be prosecuted through the Municipal Court where it appears possible that a charge of vehicular manslaughter Section 577.005, RSMo., or vehicle injury Section 577.008, RSMo., might be sustained, until after the State Prosecuting Attorney shall have the opportunity to review the case and to consider filing appropriate charges.
In all other cases, the City Prosecuting Attorney shall have the discretion to file the appropriate charge with the Municipal Court or he/she may refer the case to the State prosecuting official.
The procedures described herein shall be directory and not mandatory. The failure to follow the procedures provided for in this Section shall not invalidate any prosecution or be cause to overturn any conviction for violations of this Chapter, but may be reason for discipline of the City Officials violating this Section.
[R.O. 2006 §342.070; Code 1975 §76.023; CC 1985 §24-102]
No person charged with driving while intoxicated or driving with blood alcohol content shall have his/her case heard in Municipal Court except in accordance with the following procedure:
The defendant must either be represented by an attorney, or must voluntarily waive his/her right to such representation by execution of a written waiver. If the defendant chooses to do neither (or if because he/she is an indigent is unable to employ an attorney), the prosecution of the case shall be suspended and the case referred to the State prosecuting official. Only if the State prosecuting official declines to proceed with a State criminal prosecution shall the municipal prosecution be resumed.
Neither the Municipal Judge nor any other municipal officer shall have the power to revoke any operator's or chauffeur's license.
[R.O. 2006 §342.080; Code 1975 §76.025; CC 1985 §24-103]
A record of final disposition in any court proceeding involving a violation of this Chapter shall be forwarded to the State Highway Patrol within fifteen (15) days by the Clerk of the court.
[R.O. 2006 §342.090; Code 1975 §577.049(3); CC 1985 §24-104]
Upon a plea of guilty or a finding of guilty for a first (1st) offense of violating the provisions of this Chapter, the court may, in addition to placing such person on probation for a period of two (2) years, as a condition for suspending any permissible portion of any sentence or in addition to imposition of any penalties provided by law, order the convicted person to participate in and successfully complete an alcohol- or drug-related traffic offender education or rehabilitation program which meets or exceeds minimum standards established by the Department of Public Safety and the Department of Mental Health. Such a program may be used as a condition for suspending any permissible portion of any sentence only one (1) time.
The cost of the program shall be paid by the person attending the program.
The Clerk of the court which orders any person to participate in an alcohol education or rehabilitative program shall send a record of the participation and completion of the program to the State Highway Patrol for inclusion in the State uniform law enforcement systems records.