As used in this Chapter, the following terms shall have these
prescribed meanings:
INTOXICATED CONDITION
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.
LAW ENFORCEMENT OFFICER or ARRESTING OFFICER
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 offense 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 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. 062 §2, 10-25-2007; Ord. No. 962 §2, 10-25-2007]
A. No
person shall consume any alcoholic beverage while operating a motor
vehicle upon a public road, street or highway.
B. Except
as otherwise provided in this Subsection, it is unlawful for a person
to possess an open container of an alcoholic beverage within the passenger
area of a motor vehicle while the motor vehicle is on a public road,
street or highway. This prohibition does not apply to a motor vehicle
being used primarily for the transportation of persons for compensation
or to the living quarters of a house coach, house trailer, or recreational
vehicle nor does it apply to a vehicle operated by a chauffeur in
his or her for-hire capacity.
C. Any
person found guilty of violating the provisions of this Section is
guilty of an infraction.
D.
Definitions. As
used in this Section, the following terms shall have these prescribed
meanings:
ALCOHOL
Any substance or substances containing any form of alcohol.
ALCOHOLIC BEVERAGE
1.
Beer, ale, porter, stout and other similar fermented beverages,
including sake and similar products, of any name or description containing
one-half of one percent (.5%) or more alcohol by volume, brewed or
produced from malt wholly or in part, or from any substitute thereof
2.
Any beverage obtained by the fermentation of the natural content
of fruits or other agricultural products containing sugar, of not
less than one-half of one percent (.5%) of alcohol by volume.
3.
Any distilled spirits commonly referred to as ethyl alcohol,
ethanol or spirits of wine in any form, including all dilutions and
mixtures thereof from whatever process produced.
DRIVING
Operating or being in physical control of a vehicle.
IMPRISONMENT
Confinement in a jail, minimum-security facility, community
corrections facility, house arrest with electronic monitoring, inpatient
rehabilitation or treatment center, or other facility, provided the
individual under confinement is in fact being detained.
OPEN ALCOHOLIC BEVERAGE CONTAINER
Any bottle, can or other receptacle that contains any amount
of alcoholic beverage, and that is open, has a broken seal, or the
contents of which are partially removed.
PASSENGER AREA
The area designed to seat the driver and passengers while
the motor vehicle is in operation and any area that is readily accessible
to the driver or passengers while in their seating positions, including
but not limited to the glove compartment.