Cross Reference: As to reimbursement of certain costs related to arrest under this Chapter, § 125.020(A)(9) of this Code.
As used in this Chapter, the following terms shall have these
prescribed meanings:
Physically driving or operating a vehicle or vessel.
When a person is under the influence of alcohol, a controlled
substance, or drug, or any combination thereof.
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.
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.
[1]
Note: As to provisions concerning sentencing and suspended
imposition of sentence under certain conditions, see § 577.010,
RSMo.
A.
A person commits the offense of driving with excessive blood alcohol
content if such person operates:
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.
[1]
Note: As to provisions concerning sentencing and suspended
imposition of sentence under certain conditions, see § 577.012,
RSMo.
A.
Consent Implied; Test Administered.
1.
Any person who operates a motor vehicle upon the public highways
of this City shall be deemed to have given consent, subject to the
provisions of Sections 577.019 to 577.041, RSMo., to 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:
a.
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 operating a vehicle while in an intoxicated condition;
b.
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 operating a vehicle
with a blood alcohol content of two-hundredths of one percent (0.02%)
or more by weight;
c.
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 (0.02%) or greater;
d.
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 (0.02%) or greater; or
e.
If the person, while operating a vehicle, has been involved in a
collision or accident which resulted in a fatality or a readily apparent
serious physical injury as defined in Section 556.061, RSMo., or 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 Chapters 306
and 307, RSMo., or similar provisions contained in County or Municipal
ordinances.
2.
The test shall be administered at the direction of the Law Enforcement
Officer whenever the person has been has been stopped, detained, or
arrested 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 stop, detention, arrest, incident or charge.
C.
To be considered valid, chemical analysis of the person's breath,
blood, saliva, or urine shall be performed, according to methods approved
by the State Department of Health and Senior Services, by licensed
medical personnel or by a person possessing a valid permit issued
by the State Department of Health and Senior Services 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.
1.
"Full information" is limited to the following:
a.
The type of test administered and the procedures followed;
b.
The time of the collection of the blood, breath or urine sample
analyzed;
c.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
d.
The type and status of any permit which was held by the person
who performed the test;
e.
If the test was administered by means of a breath-testing instrument,
the date of the most recent maintenance of such instrument.
2.
"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 at any trial of such person for a violation of any State law or County or Municipal ordinance, and at any license revocation or suspension proceeding held pursuant to the provisions of Chapter 302, RSMo.
A.
A person commits the offense of consumption of an alcoholic beverage
while driving if he/she operates a moving motor vehicle upon any public
thoroughfare for vehicles, including State roads, County roads and
public streets, avenues, boulevards, parkways or alleys in the City
while consuming any alcoholic beverage.
B.
The offense of consumption of an alcoholic beverage while driving
is an ordinance violation and shall not be reflected on any records
maintained by the Department of Revenue.
[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.
