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.
[Ord. No. 1234 §§1 —
2, 9-20-2010]
A. No
person shall operate a motor vehicle while in an intoxicated condition.
1. Upon conviction, any person violating the terms of Section
342.020(A) of this Section shall be guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment.
B. No
person shall drive a motor vehicle when the person has eight-hundredths
of one percent (.08%) or more by weight of alcohol in his/her blood.
As used in this Section, percentage 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
contents of the person's blood under this Section, the test shall
be conducted in accordance with the provisions of Sections 564.441,
564.442 and 564.444, RSMo.
C. Any
person who violates the provisions of this Section is guilty of a
misdemeanor and, upon conviction, shall be punished as follows:
1. For the first (1st) offense, by a fine of not less than fifty dollars
($50.00) and not more than five hundred dollars ($500.00), or by imprisonment
in jail for not more than ninety (90) days, or by both such fine and
imprisonment.
2. Any case involving a person that has been convicted, found guilty,
or pled guilty to two (2) or more previous intoxication-related traffic
offenses as defined in Section 577.023, RSMo., or has had two (2)
or more previous alcohol-related enforcement contacts as defined in
Section 302.525, RSMo., shall be referred to the Circuit Court of
Jefferson County in accordance with Section 479.170, RSMo.
3. No person who operated a motor vehicle with fifteen-hundredths of
one percent (.15%) or more by weight of alcohol in such person's blood
shall be granted a suspended imposition of sentence unless the individual
participates and successfully completes a court-ordered treatment
program.
4. If a person is not granted a suspended imposition of sentence for
the reasons set forth above, for such first (1st) offense:
a. If the individual operated the motor vehicle with fifteen-hundredths
percent (.15%) to twenty-hundredths of one percent (.20%) by weight
of alcohol in such person's blood, the required term of imprisonment
shall be not less than forty-eight (48) hours; and
b. If the individual operated the motor vehicle with greater than twenty-hundredths
of one percent (.20%) by weight of alcohol in such person's blood,
the required term of imprisonment shall be not less than five (5)
days.
[Ord. No. 1235 §§1 —
2, 9-20-2010]
A. The
Municipal Judge and Prosecuting Attorney shall cause to be prepared
certain criminal arrest, charge, and disposition of intoxication-related
traffic offense information to the Missouri State Highway Patrol's
central repository for filing without undue delay in the form and
manner required by Sections 43.500 to 43.543, RSMo.
B. The
Municipal Judge and Prosecuting Attorney shall cause to be prepared
a report of dispositions of intoxication-related traffic offenses
every six (6) months. The report shall include, but shall not be limited
to, the total number and disposition of every intoxication-related
traffic offense adjudicated, dismissed, or pending in its Municipal
Court Division. The report shall be submitted to the Jefferson County
Circuit Court en banc. The report shall include the six (6) month
period beginning January first (1st) and ending June thirtieth (30th)
and the six (6) month period beginning July first (1st) and ending
December thirty-first (31st) of each year. The report shall be submitted
to the Jefferson County Circuit Court en banc no later than sixty
(60) days following the end of the reporting period.