Cross Reference — As to reimbursement of certain costs related to arrest under this chapter, §125.310 of this Code.
As used in this Chapter, the following terms shall have these
prescribed meanings:
Physically driving or operating 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 person commits the ordinance violation of "driving
while intoxicated" if he/she operates a motor vehicle while
in an intoxicated or drugged condition. No person convicted of or
pleading guilty to the ordinance violation of driving while intoxicated
shall be granted a suspended imposition of sentence for such ordinance
violation, unless such person shall be placed on probation for a minimum
of two (2) years.
A.
A person
commits the ordinance violation of "driving with excessive
blood alcohol content" if such person operates a motor vehicle
in this City 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 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
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 ordinance violation 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;
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;
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;
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;
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.
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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 him/her.
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.
A.
No
person shall consume any alcoholic beverage while operating a moving
motor vehicle upon the highways.
B.
Any
person found guilty of violating the provisions of this Section is
guilty of an infraction.
C.
Any
infraction under this Section shall not reflect on any records with
the Department of Revenue.
[Ord. No. 6-158, 1-11-2018]
A.
INTOXICATING LIQUOR
RECREATIONAL MOTOR VEHICLE
Definitions.
As used in this Section, the following terms shall have the meanings
ascribed to them.
Any alcoholic beverage containing in excess of one-half of
one percent (0.5%) alcohol by volume as defined by Section 311.020,
RSMo.
Any motor vehicle designed, constructed or substantially
modified so that it may be used for the purpose of temporary housing
quarters, including sleeping and eating facilities, which are permanently
attached to the motor vehicle.
B.
No
person shall consume any alcoholic beverage while operating or controlling
a motor vehicle upon a public street, highway or alley or while they
are passengers in a motor vehicle upon a public street, highway or
alley unless otherwise exempted in this Section.
C.
No
person shall knowingly transport 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
cork or cap shall not have been removed while operating a motor vehicle
upon any public street, highway or alley.
D.
Nothing
is this Section shall be construed as to prohibit the otherwise legal
consumption of an alcoholic beverage by passengers on a privately
or publicly owned transit bus, minibus, van or similar vehicle that
has been chartered and is not being utilized for conveyance of the
general public. However, the driver of such motor vehicle may not
possess, have ready access to or consume any alcoholic beverage while
operating the motor vehicle on any public street, highway or alley.
E.
Nothing
in this Section shall be construed to prohibit the otherwise legal
consumption of an alcoholic beverage by passengers riding in the living
quarters of a recreational motor vehicle. However, the driver of such
motor vehicle may not possess, have ready access to or consume any
alcoholic beverage while operating the motor vehicle on any public
street, highway or alley.
F.
Any
person who shall be convicted of a violation of any provision of this
Section shall be deemed guilty of an ordinance violation and subject
to a fine not to exceed five hundred dollars ($500.00).
