Cross Reference — As to reimbursement of certain costs related to arrest under this chapter, §125.040 of this Code.
As used in this Chapter, the following terms shall have these prescribed meanings:
DRIVE, DRIVING, OPERATES or OPERATING
Physically driving or operating a motor vehicle.
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. 691, 3-14-2022[2]]
A. 
Driving While Intoxicated A person commits the offense of driving while intoxicated if he/she operates a motor vehicle while in an intoxicated condition when he/she is under the influence of alcohol, a controlled substance, or drug, or any combination thereof. If there was eight-hundredths of one percent (0.08%) or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.
B. 
Driving While Under The Influence Of Marijuana. A person commits the offense of driving while under the influence of marijuana if he/she operates a motor vehicle while under the influence of any amount of marijuana.
C. 
Excessive Blood Alcohol Content. A person commits the offense of driving with excessive blood alcohol content if he/she operates a motor vehicle with eight-hundredths of one percent (0.08%) or more by weight of alcohol in his/her blood.
D. 
Definitions.
1. 
As used in Subsections (A) and (B) the terms "drive" or "operate" means physically driving or operating or being in actual physical control of a motor vehicle.
2. 
As used herein, the term "percent by weight of alcohol" shall have the same meaning as provided by State law, in Section 577.012, RSMo.
E. 
Procedure On Arrest. Any arrest for driving while intoxicated shall be handled as any other arrest for an offense of the same severity, except as follows:
1. 
As soon as practicable following such arrest, the Police Department shall obtain the driving record of the person arrested.
2. 
No person who has three (3) or more prior convictions for driving while intoxicated or driving with excessive blood alcohol content within five (5) years of the date of the present alleged offense shall be prosecuted through the Municipal Court until after the State Prosecuting Attorney has had the opportunity to review the case and to consider filing appropriate State charges.
3. 
No person, regardless of his/her prior conviction record, shall be prosecuted through the Municipal Court where it appears possible that a charge of involuntary manslaughter (Section 566.024, RSMo.) might be sustained, until after the State Prosecuting Attorney has had the opportunity to review the case and to consider filing appropriate charges.
4. 
In all other cases, the City Prosecuting Attorney shall have the discretion to file the appropriate charge with the Municipal Court or he/she may refer the case to the State prosecuting official.
5. 
The procedures described herein shall be directory and not mandatory. The failure to follow the procedures provided for in this Subsection shall not invalidate any prosecution or be caused to overturn any conviction for violations of Subsection (A) or (B) above, but may be reason for discipline of the City official(s) violating this Section.
F. 
Procedure In Municipal Court. No person charged with driving while intoxicated (Subsection (A) above), driving while under the influence of marijuana (Subsection (B) above), or driving with excessive blood alcohol content (Subsection (C) above) shall have his/her case heard in Municipal Court except in accordance with the following procedure:
1. 
The defendant must either be represented by an attorney or must voluntarily waive his/her right to such representation by execution of a written waiver. If the defendant chooses to do neither (or if because he/she is an indigent or is unable to employ an attorney), the prosecution of the case shall be suspended and the case referred to the State prosecuting official. Only if the State prosecuting official declines to proceed with a State criminal prosecution shall the municipal prosecution be resumed.
2. 
Neither the Municipal Judge nor any other municipal official shall have the power to revoke any operator's or chauffeur's license.
G. 
Penalty.
1. 
Any person convicted of driving while intoxicated shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), confinement in jail for not more than ninety (90) days, or both such fine and confinement. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence unless such person is placed on probation for a minimum of two (2) years.
2. 
Any person convicted of driving while under the influence of marijuana shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), confinement in jail not more than ninety (90) days, or both such fine and confinement.
3. 
Any person convicted of driving with excessive blood alcohol content shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), confined in jail for not more than ninety (90) days, or both such fine and confinement.
[1]
Note — As to provisions concerning sentencing and suspended imposition of sentence under certain conditions, see §577.010 and §577.012, RSMo.
[2]
Editor's Note: With the inclusion of Ord. No. 691, we also changed the title of this Chapter to include drug-related traffic offenses for ease of reference.
[1]
Editor's Note: Former Section 342.030, Driving With Excessive Blood Alcohol Content, was removed by implication with the inclusion of Ord. No. 691 combining all alcohol- and drug-related traffic offenses into one Section. See Section 342.020, above.
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 577.019 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 offense 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 306, 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 or serious physical injury as defined in Section 565.002, RSMo.
The test shall be administered at the direction of the Law Enforcement Officer whenever the person has been arrested or stopped for any reason.
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 577.019 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 such person. Full information is limited to the following:
1. 
The type of test administered and the procedures followed;
2. 
The time of the collection of the blood or breath sample or urine analyzed;
3. 
The numerical results of the test indicating the alcohol content of the blood and breath and urine;
4. 
The type and status of any permit which was held by the person who performed the test;
5. 
If the test was administered by means of a breath testing instrument, the date of performance of the most recent required maintenance of such instrument.
Full information does not include manuals, schematics or software of the instrument used to test the person or any other material that is not in the actual possession of the State. Additionally, full information does not include information in the possession of the manufacturer of the test instrument.
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.