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.
[Ord. No. 2622 §1, 9-25-2001]
Generally. A person commits the offense of "driving while intoxicated" if he/she operates a motor vehicle while in an intoxicated and/or drugged condition.
Driving With Excessive Blood Alcohol Content. A person commits the offense of "driving with excessive blood alcohol content" if he/she operates a motor vehicle in this City with eight-hundredths of one percent (0.08%) or more by weight of alcohol in his/her blood.
Any person who operates a motor vehicle upon the public highways of this State 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; or
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 (0.02%) or more by weight; or
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; or
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.
The implied consent to submit to the chemical tests listed in Subparagraph (1) of this Subsection 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 him/her.
Any person given a chemical test of the person's breath pursuant to Subparagraph (1) of this Subsection 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 either any trial of such person for either a violation of any State law or County or municipal ordinance, or any license revocation or suspension proceeding pursuant to the provisions of Chapter 302, RSMo.
[Ord. No. 2622 §2 — 3, 9-25-2001]
Upon the trial of any person for violation of any of the provisions of Section 345.020, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of Subsection (5) of Section 491.060, RSMo., shall not prevent the admissibility or introduction of such evidence if otherwise admissible. It shall be prima facie evidence that the person was intoxicated if such person has eight-hundredths of one percent (0.08%) or more by weight of alcohol in such person's blood.
Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath.
The foregoing provisions of this Section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated.
A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subparagraph (1) of this Subsection, shall have been performed as provided in Sections 577.020 to 577.041, RSMo., and in accordance with methods and standards approved by the State Department of Health.
[CC 1989 §13-136; Ord. No. 1975 §1, 7-8-1996]
No person shall transport an open container of an alcoholic beverage in a motor vehicle traveling upon the streets or highways of this City except in the original container which shall not have been opened and the seal upon which shall not have been broken, unless the opened container be in a compartment outside of the passenger compartment of the vehicle which is not accessible to the driver or any other person in such vehicle while it is in motion.
No person shall consume any alcoholic beverage while operating a moving motor vehicle upon the streets and highways of this City.
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 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. This Section shall not apply to the living quarters of a recreational motor vehicle.
A violation of this Section shall be punishable by a fine of not less than twenty-five dollars ($25.00) and not more than fifty dollars ($50.00) or incarceration for a period not to exceed ninety (90) days, or a combination of both fine and incarceration.