[Ord. No. 05-34 §1, 11-1-2005]
A. A person
commits the offense of "driving with excessive blood alcohol content"
if he operates a motor vehicle in this City with eight-hundredths
of one percent (.08%) or more by weight of alcohol in his 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.
An arrest without a warrant by a Law Enforcement Officer, including a uniformed member of the State highway patrol, for a violation of Sections
210.810 or
210.815 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 offense of violating the provisions of Sections
210.810 or
210.815 involving alcohol or drug related traffic offenses, the court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the State or local Law Enforcement Agency which made the arrest for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made under this chapter to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody. The State and each local Law Enforcement Agency may establish a schedule of such costs; however, the court may order the costs reduced if it determines that the costs are excessive.