[CC 1990 §14-86(a); Ord. No. 1175 §1, 3-23-1998]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- DRIVE, DRIVING, OPERATES OR OPERATING
- Physically driving or operating a motor vehicle.
- INTOXICATED CONDITION
- Under the influence of alcohol, a controlled substance, or drug, or any combination thereof.
[CC 1990 §14-86(b); Ord. No. 2413 § 1, 6-26-2017]
A person commits the offense of driving while intoxicated if he/she operates a motor vehicle in an intoxicated condition within the City limits.
[CC 1990 §14-86(c); Ord. No. 1439, 10-8-2001; Ord. No. 2413 § 1, 6-26-2017]
A person commits the offense of driving with excessive blood alcohol content if such person operates within this City:
As used in this Section, percent by weight of alcohol in the blood shall be based upon grams 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 best test shall be conducted in accordance with provisions of Sections 342.030 through 342.050 of this Chapter.
[CC 1990 §14-86(d); Ord. No. 2413 § 1, 6-26-2017]
Any person who operates a vehicle upon the public highways/streets of this City shall be deemed to have given consent, subject to the provisions of this Section, to 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 operating a vehicle or a vessel while in an intoxicated condition.
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 operating a vehicle with a blood alcohol content of two (2) one-hundredths of one percent (0.01%) or more by weight;
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 this City, and such officer has reasonable grounds to believe, after making such stop, that such person has a blood alcohol content of two (2) one-hundredths of one percent (0.01%) or greater;
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 (2) one-hundredths of one percent (0.01%) or greater; or
If the person, while operating a vehicle, has been involved in a collision or accident which resulted in a fatality or a readily apparent serious physical injury or has been arrested as evidenced by the issuance of a uniform traffic ticket for the violation of any State law or municipal ordinance with the exception of equipment violations contained or similar provisions contained in State or municipal ordinances.
The test shall be administered at the direction of the Law Enforcement Officer whenever the person has been stopped, detained, or arrested for any reason.
The implied consent to submit to the chemical tests listed shall be limited to not more than two (2) such tests arising from the same stop, detention, arrest, incident or charge.
To be considered valid, chemical analysis of the person's breath, blood, saliva, or urine shall be performed, according to methods approved by the State Department of Health and Senior Services, by licensed medical personnel or by a person possessing a valid permit issued by the State Department of Health and Senior Services for this purpose.
The State Department of Health and Senior Services shall approve satisfactory techniques, devices, equipment, or methods to be used in the chemical test. The department shall also establish standards to ascertain the qualifications and competence of individuals to conduct such analyses and issue permits which shall be subject to termination or revocation by the State Department of Health and Senior Services.
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 such person. Full information is limited to the following:
The type of test administered and the procedures followed;
The time of the collection of the blood, breath, or urine sample analyzed;
The numerical results of the test indicating the alcohol content of the blood and breath and urine;
The type and status of any permit which was held by the person who performed the test;
If the test was administered by means of a breath-testing instrument, the date of the most recent maintenance of such instrument.
Any person given a chemical test of the person's breath 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 or a field sobriety test shall be admissible as evidence at any trial of such person for a violation of any State law or municipal ordinance and at any license revocation or suspension proceeding.
[CC 1990 §14-86(e)]
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 herein shall be deemed not to have withdrawn the consent provided by Section 342.040 of this Chapter and the test or tests may be administered.
[CC 1990 §14-86(f); Ord. No. 1439, 10-8-2001; Ord. No. 2413 § 1, 6-26-2017]
Upon the trial of any person for any criminal offense or violations of municipal ordinances, or in any license suspension or revocation proceeding pursuant to the provisions of this Chapter, arising out of acts alleged to have been committed by any person while operating a vehicle, while in an intoxicated condition or with an excessive blood alcohol content, the amount of alcohol in the person's blood at the time of the act, as shown by any chemical analysis of the person's blood, breath, saliva, or urine, is admissible in evidence and shall not prevent the admissibility or introduction of such evidence if otherwise admissible.
If a chemical analysis of the defendant's breath, blood, saliva, or urine demonstrates there was eight (8) one-hundredths of one percent (0.01%) or more by weight of alcohol in the person's blood or percent by weight of alcohol in the blood, this 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 of whether the person was intoxicated. This shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.
[CC 1990 §14-86(g)]
An arrest without a warrant by a Law Enforcement Officer, for a violation of this Chapter 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; provided however, that, any such arrest without warrant must be made within one and one-half (1½) hours after such claimed violation occurred.
Upon a plea of guilty or a finding of guilty for a first (1st) offense of violating the provisions of Sections 342.020 or 342.030 or violations of County or Municipal ordinances involving alcohol or drug-related traffic offenses, the court shall, as a condition for suspending any permissible portion of any sentence or in addition to imposition of any penalties provided by law, Section 557.011, RSMo., to the contrary notwithstanding, order the convicted person to participate in and successfully complete an alcohol or drug related traffic offender education or rehabilitation program which meets or exceeds minimum standards established by the Department of Public Safety and the Department of Mental Health. Such a program may be used as a condition for suspending any permissible portion of any sentence only one (1) time.
Beginning July 1, 1994, the program shall provide a professional assessment for the identification of individual needs of the person who has had his/her driver's license suspended or revoked, and who is referred to the program. If the assessment results in a recommendation that the offender participate in a subsequent education or rehabilitation program, the court may order that the offender complete such program.
The cost of the program shall be paid by the person attending the program. Any person who attends the program shall pay, in addition to any fee charged for the program, a supplemental fee of sixty dollars ($60.00). The Administrator of the program shall remit to the division of alcohol and drug abuse of the Department of Mental Health the supplemental fees for all persons enrolled in the program, less two percent (2%) for administration costs. The supplemental fees received by the Department of Mental Health pursuant to this Section shall be deposited in the mental health earnings fund which is created in Section 630.345, RSMo.
The Clerk of the Court which orders any person to participate in an alcohol education or rehabilitative program shall send a record of the participation and completion of the program to the Missouri State Highway Patrol for inclusion in the Missouri Uniform Law Enforcement Systems Records.
[Ord. No. 815 §14-114, 9-28-1992]
Upon a plea of guilty, finding of guilty or conviction for violation of the provisions of Sections 342.020 — 342.030 of this Chapter or Sections 215.045, 215.050, 215.070, 215.075, or 215.085 of this Code while operating a motor vehicle, the court may, in addition to imposition of any penalties provided by law, order the person to reimburse the Police Department for the costs associated with such arrest.
Such costs 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.
The Police Department may establish a schedule of costs 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.
These fees shall be calculated as additional costs by the Municipal Court and shall be collected in the same manner as other costs and fees are collected.
The City shall retain these fees in a separate fund known as the "DWI/Drug Enforcement Fund". Monies within the "DWI/Drug Enforcement Fund" shall be appropriated by the City Administrator, after reimbursement for actual daily charges paid pertaining to the incarceration of the person when booked and held in a jail, to the Municipal Court, to offset said expenses, to the Police Department from such fund to be specifically used to enhance and support the enforcement and prosecution of alcohol and drug related traffic laws within the City.
[Ord. No. 2337 §1, 8-25-2014]
[Ord. No. 2337 §1, 8-25-2014]
No person shall knowingly transport in any vehicle operating upon a public highway, street or alley any alcoholic beverage except in the original container which shall not have been opened and the seal upon which shall not have been broken and from which the original cap or cork shall not have been removed, unless the opened container be in the rear trunk or rear compartment which shall include the spare tire compartment or any outside compartment which is not accessible to the driver or any other person in such vehicle while it is in motion. In the case of a pickup truck, sport utility vehicle, station wagon, hatchback or other similar vehicle, the area behind the last upright seat shall not be considered accessible to the driver or any other person.
[Ord. No. 2337 §1, 8-25-2014]
Nothing in this Article shall be construed to prohibit the otherwise legal consumption or transportation of alcoholic beverages by passengers in motor vehicles maintained for hire by the public in the transportation of passengers for compensation, or by passengers in a privately or publicly owned motor vehicle including busses that has been chartered and is not being utilized for the conveyance of the general public, where the operation and control of such motor vehicle is by a person not in possession of or with ready access to such alcoholic beverage.
[Ord. No. 2337 §1, 8-25-2014]
Nothing in this Article shall be construed to prohibit the otherwise legal consumption or transportation of alcoholic beverages in the living quarters of a recreational motor vehicle.