[Ord. No. 131 §1, 11-3-1982]
As used in this Chapter, the following terms shall have these
prescribed meanings:
- DRIVE, DRIVING, OPERATE OR OPERATING
- Physically driving or operating or being in actual physical control of a motor vehicle.
- INTOXICATED CONDITION
- When a person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.
[Ord. No. 131 §2, 11-3-1982]
A person commits the offense of driving while intoxicated if
he/she operates a motor vehicle within the City of Lake Ozark, Missouri,
while in an intoxicated or drugged condition.
[Ord. No. 131 §3, 11-3-1982; Ord. No. 2001-24 §1, 8-28-2001]
A.
A person
commits the offense of driving with excessive blood alcohol content
if he/she operates a motor vehicle within the City of Lake Ozark,
Missouri, with eight-hundredths of one percent (0.08%) or more by
weight of alcohol in his/her 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
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.
[Ord. No. 131 §4, 11-3-1982]
A.
Any person
who operates a motor vehicle 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 his/her breath, blood, saliva or urine
for the purpose of determining the alcohol or drug content of his/her
blood if 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 in an intoxicated or drugged condition.
The test shall be administered at the direction of the Arresting Law
Enforcement Officer whenever the person has been arrested for the
offense.
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 arrest, incident or charge.
C.
Chemical
analysis of the person's breath, blood, saliva, or urine to be considered
valid under the provisions of Sections 577.020 to 577.041, RSMo.,
shall be performed according to methods approved by the State Division
of Health by licensed medical personnel or by a person possessing
a valid permit issued by the State Division of Health for this purpose.
D.
The State
Division of Health shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid under the provisions
of Sections 577.020 to 577.041, RSMo., and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Division of Health.
E.
The person
tested may have a physician, or a qualified technician, chemist, registered
nurse, or other qualified person of his/her own choosing and at his/her
expense 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 him/her.
[Ord. No. 131 §5, 11-3-1982]
A.
Any person who shall be found guilty of operating a motor vehicle in an intoxicated condition as provided in Section 380.020 hereof, shall be deemed guilty of a misdemeanor and shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00), or by confinement in the City Jail not more than thirty (30) days, or both such fine and confinement.
