As used in this Chapter, the following terms shall have these
prescribed meanings:
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.
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.
[CC 1990 §15-160; Ord. No. 5981, 7-14-1997; Ord. No. 8867, 2-13-2023]
A. No
person shall consume any alcoholic beverages or marijuana while operating
a motor vehicle or other motorized form of transport in the City.
B. No
person shall smoke marijuana within a motor vehicle or other motorized
form of transport while it is being operated in the City.
[CC 1990 §15-161; Ord. No. 6238, 3-8-1999]
Any person who is dead, unconscious or who is otherwise in a condition rendering him/her incapable of refusing to take a test as provided in Section
342.040 shall be deemed not to have withdrawn the consent provided by that Section and the test or tests may be administered.