Cross Reference — As to alcoholic beverages, ch. 600.
[R.O. 2012 §342.010; CC 1992 §13-115; Ord. No. 1633, 4-11-1983]
A person commits the offense of driving while intoxicated if
he/she operates a motor vehicle while in an intoxicated or drugged
condition.
[R.O. 2012 §342.020; CC 1992 §13-116; Ord. No. 1633, 4-11-1983; Ord. No. 2677 §1, 10-8-2001]
A person commits the offense of driving with excessive blood
alcohol content if he/she operates a motor vehicle with eight-hundredths
of one percent (0.08%) or more by weight of alcohol in his/her blood.
[R.O. 2012 §342.030; CC 1992 §13-117; Ord. No. 1633, 4-11-1983]
[R.O. 2012 §342.040; CC 1992 §13-118; Ord. No. 1633, 4-11-1983]
As used in this Chapter, the term "percent by weight
of alcohol" shall have the same meaning as provided by State
law in Section 577.012, RSMo.
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; or
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; or
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; or
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; or
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 or serious
physical injury as defined in Section 565.002, RSMo.
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The test shall be administered at the direction of the Law Enforcement
Officer whenever the person has been arrested or stopped for any reason.
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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 such person. Full information
is limited to the following:
1.
The type of test administered and the procedures followed;
2.
The time of the collection of the blood or breath sample or urine
analyzed;
3.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
4.
The type and status of any permit which was held by the person who
performed the test;
5.
If the test was administered by means of a breath testing instrument,
the date of performance of the most recent required maintenance of
such instrument.
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Full information does not include manuals, schematics or software
of the instrument used to test the person or any other material that
is not in the actual possession of the State. Additionally, full information
does not include information in the possession of the manufacturer
of the test instrument.
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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.
[R.O. 2012 §342.080; Ord. No. 2626 §1, 2-12-2001]
It shall be unlawful for any person to possess while in a motor
vehicle which is in operation and moving on any public street, highway
or road, any beverage containing an intoxicating beverage of any percent
in an open container, open can or open bottle.
