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. 691, 3-14-2022]
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.