Cross Reference — As to reimbursement of certain costs related to arrest under this chapter, §125.300 of this Code; as to open containers of alcoholic beverages in motor vehicle, §600.070(G)(4).
As used in this Chapter, the following terms shall have these
prescribed meanings:
Physically driving or operating a motor vehicle.
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.
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.
A.
A person
commits the offense of "driving with excessive blood alcohol
content" if such person operates a motor vehicle in this
City with eight-hundredths of one percent (.08%) or more by weight
of alcohol in such person's blood.
B.
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.
A.
This
Section and Section 577.021, RSMo., shall be known as the Alan Woods
Law.
B.
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 577.020 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 307,
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.
|
C.
The implied consent to submit to the chemical tests listed in Subsection (B) of this Section shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.
D.
Chemical
analysis of the person's breath, blood, saliva or urine to be considered
valid pursuant to the provisions of Sections 577.020 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.
E.
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.
F.
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.
|
G.
Any person given a chemical test of the person's breath pursuant to Subsection (B) 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.
[R.O. 2009 §22-6; Ord. No. 689 §7, 3-14-1989]
A.
It
shall be unlawful for any person to knowingly transport in any vehicle
operating upon a public highway, street or alley any alcoholic beverage
except in the original container which shall not have been opened
and the seal upon which shall not have been broken and from which
the original cap or cork shall not have been removed, unless the opened
container be in the rear trunk or rear compartment, which shall include
the spare tire compartment or any outside compartment which is not
accessible to the operator or any other person in such vehicle while
it is in motion. In the case of a pickup truck, station wagon, hatchback
or other similar vehicle, the area behind the last upright seat shall
not be considered accessible to the operator or any other person.
B.
It
shall be unlawful for any person to operate a motor vehicle and to
allow any alcoholic beverage to be consumed while in a moving motor
vehicle, as defined in this Section, nor shall any person consume
any alcoholic beverage while in a moving motor vehicle.
C.
Nothing
in this Section shall be construed to prohibit the otherwise legal
consumption of alcoholic beverages by passengers on a privately or
publicly owned transit authority that has been chartered and is not
being utilized for conveyance of the general public where the operation
and control of such conveyance is by a person not in possession of
or with ready access to such alcoholic beverage.
D.
This
Section shall not apply to the living quarters of a recreational motor
vehicle as defined in this Section.
E.
ALCOHOLIC BEVERAGE
MOTOR VEHICLE
RECREATIONAL MOTOR VEHICLE
Definitions. For the purposes of this Section, the following
terms shall have the meaning indicated below:
Includes alcohol for beverage purposes, alcoholic, spirituous,
vinous, fermented, malt, or other liquors or combination of liquors,
a part of which is spirituous, vinous or fermented and to also include
any beer manufactured from pure hops or pure extract of hops and pure
barley malt or other wholesome grains or cereals and wholesome yeast
and pure water and free from all harmful substances, preservatives
and adulterants and having any alcoholic content by weight or volume.
Any mechanical device on wheels designed primarily for use
on highways, except motorized bicycles and vehicles propelled or drawn
by human power or vehicles used exclusively on fixed rails or tracks
or cotton trailers.
Any motor vehicle designed, constructed or substantially
modified so that it may be used and is used for the purpose of temporary
housing quarters, including therein sleeping and eating facilities
which are either permanently attached to the motor vehicle or attached
to a unit which is securely attached to the motor vehicle. Nothing
herein shall prevent any motor vehicle being registered as a commercial
motor vehicle if the motor vehicle could otherwise be so registered.
[1]
Cross References — As to additional regulations regarding the possession of an open container of alcoholic beverage in certain public places, §600.070(G).
