As used in this Chapter, the following terms shall have these
prescribed meanings:
INTOXICATION-RELATED TRAFFIC OFFENSE
Driving while intoxicated, driving with excessive blood alcohol
content, driving under the influence of alcohol or drugs in violation
of a County or Municipal ordinance, or an offense in which the defendant
was operating a vehicle while intoxicated and another person was injured
or killed in violation of any State law, County or Municipal ordinance,
any Federal offense, or any military offense.
LAW ENFORCEMENT OFFICER or ARRESTING OFFICER
Includes the definition of "Law Enforcement Officer" in 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 vehicle while in an intoxicated condition.
[R.O. 1997 § 342.045; Ord. No.
2635 § 2, 11-20-2001]
A. Upon the trial of any person for any criminal offense or violations
of county or municipal ordinances, or in any license suspension or
revocation proceeding pursuant to the provisions of Chapter 302, RSMo.,
arising out of acts alleged to have been committed by any person while
operating a vehicle, vessel, or aircraft, or acting as a flight crew
member of any aircraft, while in an intoxicated condition or with
an excessive blood alcohol content, the amount of alcohol in the person's
blood at the time of the act, as shown by any chemical analysis of
the person's blood, breath, saliva, or urine, is admissible in evidence
and the provisions of Subdivision (5) of Section 491.060, RSMo., shall
not prevent the admissibility or introduction of such evidence if
otherwise admissible.
B. If a chemical analysis of the defendant's breath, blood, saliva,
or urine demonstrates 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. If a chemical analysis of the defendant's breath,
blood, saliva, or urine demonstrates that there was less than eight-hundredths
of one percent (0.08%) of alcohol in the defendant's blood, any charge
alleging a criminal offense related to the operation of a vehicle,
vessel, or aircraft while in an intoxicated condition shall be dismissed
with prejudice unless one (1) or more of the following considerations
cause the court to find a dismissal unwarranted:
1. 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;
2. 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
3. There is substantial evidence of intoxication from physical observations
of witnesses or admissions of the defendant.
C. Percent
by weight of alcohol in the blood shall be based upon grams of alcohol
per one hundred (100) milliliters of blood or grams of alcohol per
two hundred ten (210) liters of breath.
D. The
foregoing provisions of this Section shall not be construed as limiting
the introduction of any other competent evidence bearing upon the
question of whether the person was intoxicated.
E. 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
(B) of this Section, shall have been performed as provided in Sections 577.020 to 577.041, RSMo., and in accordance with methods and standards approved by the State Department of Health and Senior Services.