[Ord. No. 884 §1]
A person commits the offense of driving while intoxicated if
he operates a motor vehicle while in an intoxicated or drugged condition.
[Ord. No. 884 §2; Ord. No.
1139-11-06 §1, 10-6-2011]
A. A person
commits the offense of driving with excessive blood alcohol content
if such person operates a motor vehicle in the City of Palmyra 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 tests shall be conducted in accordance with the provisions
of Sections 577.020 to 577.041, RSMo.
[Ord. No. 884 §3]
INTOXICATED OR DRUGGED CONDITION
As used in this Chapter, a person is in an intoxicated or
drugged condition when he is under the influence of alcohol, a controlled
substance, or drug, or any combination thereof.
[Ord. No. 884 §4]
Any person who operates a motor vehicle shall be deemed to have
given consent to a chemical test or tests of his breath, blood, saliva
or urine for the purpose of determining the alcohol or drug content
of his 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 while in an intoxicated
or drugged condition. The test shall be administered at the direction
of the arresting officer whenever the person has been arrested for
the offense. Such tests shall be performed in accordance with the
provisions of Sections 577.020 through 577.041 RSMo. The implied consent
to submit to the chemical tests shall be limited to not more than
two (2) such tests arising from the same arrest, accident or charge.
[Ord. No. 884 §7]
A record of the final disposition involving a violation of Section
380.010 or Section
380.020, pleas of guilty, findings of guilty, suspended imposition of sentence, suspended execution of sentence, probation, conditional sentences and sentences of confinement shall be forwarded to the Missouri State Highway Patrol within fifteen (15) days by the Clerk of the court. The record forwarded by the Clerk shall clearly show the court, the court case number, the name, address and motor vehicle operator's or chauffeur's license number of the person who is the subject of the proceeding, the ordinance or code number identifying the particular arrest, and any court action or requirements pertaining thereto.
[Ord. No. 884 §8]
Any person convicted of driving while intoxicated or driving
with excessive blood alcohol content shall be fined not less than
two hundred dollars ($200.00) nor more than five hundred dollars ($500.00),
confined in the County Jail for not more than ninety (90) days, or
both such fine and confinement.
[Ord. No. 950-92-14 §1, 10-15-1992]
A. Upon a plea of guilty, finding of guilt or conviction for violation of Section
380.010, driving while intoxicated or drugged, or upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Section
380.020, driving with excessive blood alcohol content, the Court may, in addition to imposition of any penalties provided by law, order the person to reimburse law enforcement authorities for the costs associated with such arrest.
B. The costs
associated with such arrests shall include the reasonable cost of
making the arrest, including the cost of any chemical tests to determine
the alcohol or drug content of the person's blood, and the cost of
processing, charging, booking and holding such person in custody.
C. Law enforcement
authorities may establish a schedule of the costs associated with
such arrests for submission to the Court; however, the Court may order
the costs reduced if it determines that the schedule of costs is excessive
given the circumstances of the case or for good cause shown.
D. The costs
associated with such arrests shall be calculated as additional costs
by the Municipal Court and shall be collected by the Court in the
same manner as other costs and fees are collected and remitted to
the City Clerk.
E. The City
Clerk shall retain such costs collected in a separate fund known as
the "DWI/Drug Enforcement Fund". Money within the DWI/Drug Enforcement
Fund shall be appropriated by the City Council to law enforcement
authorities from such fund in amounts equal to those costs so incurred
by the law enforcement authorities and shall be specifically used
to enhance and support the enforcement and prosecution of alcohol
or drug related traffic offenses within the City of Palmyra.