Cross Reference — As to reimbursement of certain costs
related to arrest under this chapter, §125.300 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.
[1]
Note — As to provisions concerning sentencing and suspended
imposition of sentence under certain conditions, §577.010, RSMo.
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.
[1]
Note — As to provisions concerning sentencing and suspended
imposition of sentence under certain conditions, §577.012, RSMo.
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; or
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; or
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; or
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; or
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.
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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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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.
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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.
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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.
[CC 1997 §11-25]
A.
No driver
or passenger in a motor vehicle shall transport, possess or have within
the passenger area of said motor vehicle while on City highways, streets,
alleys or other public property in the City any intoxicating liquor
or malt liquor unless such intoxicating liquor or malt liquor shall
be in the original, unopened container with the seal unbroken. The "passenger area" of a motor vehicle shall not include any
area of the motor vehicle which is unaccessible to the driver or any
other person in such vehicle while it is in motion. In the case of
a pickup truck, station wagon, hatchback vehicle or other similar
vehicle, the area behind the last upright seat shall not be considered
accessible to the driver or any other person, provided that no person
is occupying, sitting or standing in that area of the vehicle. In
the case of a recreational motor vehicle, the living quarters shall
not be considered accessible to the driver or any other person. This
Section shall apply to any driver or passenger in a motor vehicle
while on the above stated public property in the City whether the
motor vehicle is parked, stopped or in motion. Provided however, this
Section shall not apply to any passenger in a chartered bus where
the driver of said bus is never in the possession of and has no ready
access to intoxicating liquor or malt liquor.
B.
No driver
or passenger shall consume intoxicating liquor or malt liquor while
in a moving motor vehicle within the City. Provided however, this
Section shall not apply to any passenger in a chartered bus where
the driver of said bus is never in possession of and has no ready
access to intoxicating liquor or malt liquor. This Section also shall
not apply to any passenger in the living quarters of a recreational
motor vehicle.
