[CC 1983 §17-77]
No person shall operate a motor vehicle while in an intoxicated
or drugged condition.
[Ord. No. 888 §1, 8-20-2001]
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 (0.08%) 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.
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 if 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. The test shall
be administered at the direction of the arresting law enforcement
officer whenever the person has been arrested for the offense.
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 arrest, incident or charge.
C.
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.
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 him/her.
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 arresting 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 either any trial of such person for either a violation of any state law or county or municipal ordinance, or any license revocation or suspension proceeding pursuant to the provisions of Chapter 302, RSMo.
