[CC 2000 §342.010; Ord. No. 1094 §2(C), 3-13-1997]
As used in this Chapter, the following terms shall have these
prescribed meanings:
COMMERCIAL MOTOR VEHICLE
A motor vehicle designed or used to transport passengers
or property:
1.
If the vehicle has a gross combination weight rating of twenty-six
thousand one (26,001) or more pounds inclusive of a towed unit which
has a gross vehicle weight rating of ten thousand one (10,001) pounds
or more;
2.
If the vehicle has a gross vehicle weight rating of twenty-six
thousand one (26,001) or more pounds or such lesser rating as determined
by Federal regulation;
3.
If the vehicle is designated to transport more than fifteen
(15) passengers, including the driver; or
4.
If the vehicle is transporting hazardous materials and is required
to be placarded under the Hazardous Material Transportation Act (46
USC 1801 et seq.).
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.
[CC 2000 §342.060; Ord. No. 1094 §5, 3-13-1997]
A. A person
commits the offense of driving a commercial motor vehicle with excessive
alcohol concentration or under the influence of a regulated substance
if he/she drives a commercial motor vehicle:
1. With four one-hundredths of one percent (0.04%) by weight of alcohol
in his/her blood.
2. 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.
3. "Under the influence of a regulated substance" shall
mean as classified under Section 102(6) of the Controlled Substances
Act (21 USC 802(6)), including any substance listed in Schedules I
through V of 21 C.F.R. Part 1308, as they may be revised from time
to time.
B. The
revisions of this Section shall not apply to:
1. Any person driving a farm vehicle as defined in Section 302.700,
RSMo.;
2. Any active duty military personnel, members of the reserves and National
Guard on active duty, including personnel on full-time National Guard
duty, personnel on part-time training and National Guard military
technicians while driving military vehicles for military purposes;
3. Any person who drives emergency or fire equipment necessary to the
preservation of life or property or the execution of emergency governmental
functions under emergency conditions;
4. Any person driving or pulling a recreational vehicle as defined in
Sections 301.010 and 700.010, RSMo., for personal use; and
5. Any other class of person exempted by rule or regulation of the Director
of Revenue of the State of Missouri, which rule or regulation is in
compliance with the Commercial Motor Vehicle Safety Act of 1986 and
any amendments or regulations to said Act or as they may be revised
from time to time.