City of Dardenne Prairie, MO Alcohol or Drug-Related Traffic Offenses

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 content of a person's blood under this Chapter, the test shall be preformed according to methods approved by the State of Missouri Division of Health by licensed medical personnel or by a person possessing a valid permit issued by the State of Missouri Division of Health for this purpose.

Section 360.020 Driving While Intoxicated.

[Ord. No. 754 §1(360.020), 5-20-2004]

A person commits the violation of "driving while intoxicated" if he/she operates a motor vehicle while in an intoxicated or drugged condition.

Section 360.030 Driving With Excessive Blood Alcohol Content.

[Ord. No. 754 §1(360.030), 5-20-2004]

A person commits the offense of "driving with excessive blood alcohol content" if such person operates a motor vehicle in the City of Dardenne Prairie with eight-hundredths of one percent (.08%) or more by weight of alcohol in such person's blood.

Section 360.040 Arrest With or Without a Warrant.

[Ord. No. 754 §1(360.040), 5-20-2004]

An arrest without a warrant by a Police Officer for a violation of Sections 360.020 or 360.030 is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated the Section, whether or not the violation occurred in the presence of the arresting officer and when such arrest without warrant is made within one and one-half (1½) hours after such claimed violation occurred, unless the person to be arrested has left the scene of an accident or has been removed from the scene to receive medical treatment, in which case such arrest without warrant may be made more than one and one-half (1½) hours after such violation occurred.

Section 360.050 Chemical Test to Be Given — When.

[Ord. No. 754 §1(360.050), 5-20-2004]

Any person who operates a motor vehicle upon the public roadways of the City of Dardenne Prairie shall be deemed to have given consent to, subject to the provisions of Sections 577.020 to 577.041, RSMo., as amended, 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:

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; or

If the person is under the age of twenty-one (21), has been stopped by a Police Officer and the Police 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; or

If the person is under the age of twenty-one (21), has been stopped by a Police Officer and the Police Officer has reasonable grounds to believe that such person has committed a violation of the traffic laws of this City and such Police 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; or

If the person is under the age of twenty-one (21), has been stopped at a sobriety checkpoint or road block and the Police Officer has reasonable grounds to believe that such person has a blood alcohol content of two-hundredths of one percent (.02%) or greater.

The test shall be administered at the direction of the Police Officer whenever the person has been arrested or stopped for any reason.

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.

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., as amended, shall be performed according to the methods approved by the State of Missouri Department of Health by a licensed medical personnel or by a person possessing a valid permit issued by the State of Missouri Department of Health for this purpose.

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 Police 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 Police Officer.

Upon the request of the person who is tested, full information concerning the test shall be made available to him/her.

Any person given a chemical test of the person's breath pursuant to Subsection (A) of this Section or field sobriety test may be videotaped during any test at the direction of the Police Officer. Any such video recording made during the chemical test pursuant to this Section or a field sobriety test shall be admissible as evidence at any trial of such person for a violation of any City ordinance.

Upon the trial of any person for a violation of any of the provisions of Sections 360.020 or 360.030 or upon the trial of any violations of City ordinances arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's breath, blood, saliva or urine is admissible in evidence. If there was eight-hundredths of one percent (.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.

The foregoing provision of this Section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated.

A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subsection (G) of this Section, shall have been performed as provided in Sections 577.020 to 577.041, RSMo., as amended, and in accordance with methods and standards approved by the State of Missouri Department of Health.

Any charge alleging a violation of Sections 360.020 or 360.030 shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva or urine performed in accordance with Sections 577.020 to 577.041, RSMo., as amended, and rules promulgated thereunder by the State of Missouri Department of Health demonstrate that there was less than eight-hundredths of one percent (.08%) of alcohol in the defendant's blood unless one (1) or more of the following considerations cause the court to find a dismissal unwarranted:

There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen; or

There is evidence that the defendant was under the influence of a controlled substance or drug or a combination of either or both with or without alcohol; or

There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant.

Section 360.060 Drinking While Driving.

[Ord. No. 754 §1(360.060), 5-20-2004]

A person commits the violation of "drinking while driving" if he/she consumes any alcoholic beverage while operating a moving motor vehicle upon the public roadways.

Any person found guilty of "drinking while driving" as described in this Section is guilty of an infraction punishable by a fine of up to two hundred dollars ($200.00).

Section 360.070 Penalty.

[Ord. No. 754 §1(360.070), 5-20-2004]

Unless another penalty is provided in this Title, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this Title and upon a finding or pleading of guilt to any violation of this Title shall be punishable by a fine of up to five hundred dollars ($500.00) and/ or imprisonment of up to ninety (90) days in the County Jail, or both the fine and imprisonment; unless otherwise prescribed by Section 79.470, RSMo.