As used in this Chapter, the following words and phrases shall
the meanings respectively ascribed to them:
Physically driving or operating or being in actual physical
control of a motor vehicle.
A person is in an "intoxicated condition" when he/she is under the influence of alcohol, a controlled substance,
or drug, or any combination thereof.
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.
A.
A person
commits the offense of "driving while intoxicated" if he/she operates
a motor vehicle while in an intoxicated or drugged condition.
B.
Driving
while intoxicated is a misdemeanor. 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.
[Ord. No. 71-2001 §1, 7-3-2001]
A.
A person
commits the offense of driving with excessive blood alcohol content
if he/she operates a motor vehicle in this City with eight-hundredths
of one percent (0.08%) or more by weight of alcohol in his/her 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 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 shall be
conducted in accordance with the provisions of Sections 577.020 to
577.041, 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
his/her breath, blood, saliva or urine for the purpose of determining
the alcohol or drug content of his/her 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 Law Enforcement Officer whenever
the person has been arrested for the offense.
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 under 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
State Department of Health shall approve satisfactory techniques,
devices, equipment, or methods to be considered valid under the provisions
of Sections 577.020 to 577.041, RSMo., and shall establish standards
to ascertain the qualifications and competence of individuals to conduct
analyses and to issue permits which shall be subject to termination
or revocation by the State Department of Health.
E.
The
person tested may have a physician, or a qualified technician, chemist,
registered nurse, or other qualified person of his/her own choosing
and at his/her expense 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.
F.
Upon
the request of the person who is tested, full information concerning
the test shall be made available to him/her.
