Cross Reference — Reimbursement of certain costs related to arrest under this chapter, §100.090.
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
Substantially impaired mental or physical capacity resulting from introduction of any substance(s) into the body, including alcohol, controlled substance(s), drug(s), or marijuana, or any combination thereof.
[Ord. No. 8867, 2-13-2023]
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.
[Ord. No. 8867, 2-13-2023]
A. 
A person commits the offense of "driving while intoxicated" if he/she operates a motor vehicle while intoxicated. 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.
B. 
As applied exclusively to marijuana, a conviction of a person who is at least twenty-one (21) years of age shall require evidence that the person was in fact under the influence of marijuana at the time the person was in physical control of the motorized form of transport and not solely on the presence of tetrahydrocannabinol (THC) or THC metabolites, or a combination thereof, in the person's system.
[Code 1980 §15-71; CC 1990 §15-153; Ord. No. 6238, 3-8-1999; Ord. No. 6573, 9-4-2001]
A. 
No person shall operate a motor vehicle with eight-hundredths of one percent (.08%) or more by weight of alcohol in his/her 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 should be conducted in accordance with the ordinances of the City.
B. 
Any person who violates the provisions of this Section is guilty of a misdemeanor and upon conviction shall be punished as follows:
1. 
For the first (1st) offense, by a fine of not less than fifty dollars ($50.00) or by confinement in the County Jail for a term of not more than three (3) months, or by both such fine and confinement.
2. 
For the second (2nd) offense within a period of three (3) years, by confinement in the County Jail for a term of not less than seven (7) days and not more than six (6) months.
3. 
For the third (3rd) and subsequent offenses within a period of three (3) years, by confinement in the County Jail for a term of not less than forty-five (45) days and not more than six (6) months.
C. 
Evidence of prior convictions shall be heard and determined by the trial court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall enter its findings thereon.
A. 
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;
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;
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;
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;
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.
The test shall be administered at the direction of the Law Enforcement Officer whenever the person has been arrested or stopped for any reason.
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 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.
D. 
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.
E. 
Upon the request of the person who is tested, full information concerning the test shall be made available to him/her.
F. 
Any person given a chemical test of the person's breath pursuant to Subsection (A) 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.
A. 
Upon the trial of any person for violation of any of the provisions of Section 565.024, RSMo., or Section 565.060, RSMo., or Section 342.020 or 342.030, or upon the trial of any criminal action or violations of county or municipal ordinances or in any license suspension or revocation proceeding pursuant to the provisions of Chapter 302, RSMo., arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, 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 Subdivision (5) of Section 491.060, RSMo., shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there was eight-hundredths of one percent (.08%) or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.
B. 
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.
C. 
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.
D. 
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 Subsection (A) of this Section, 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 and Senior Services.
E. 
Any charge alleging a violation of Section 342.020 or 342.030, or any county or municipal ordinance prohibiting driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva, or urine performed in accordance with Sections 577.020 to 577.041, RSMo., and rules promulgated thereunder by the State Department of Health and Senior Services demonstrate that there was less than eight-hundredths of one percent (.08%) of alcohol in the defendant's blood unless one (1) or more of the following considerations cause the court to find a dismissal unwarranted:
1. 
There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen;
2. 
There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; or
3. 
There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant.
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.