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 State law, County or Municipal ordinance, any Federal offense,
or any military offense, 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 or 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
and/or streets of the 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 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 or 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. 2001 § 342.040; CC 1990 § 10-47; Ord. No. 92-12 § 3, 6-2-1992]
A.
No person who is a habitual user of or under the influence of any
narcotic drug or who is under the influence of any other drug to a
degree which renders him/her incapable of operating a motor vehicle
shall operate a motor vehicle in the City. The fact that any person
charged with violation of this Section is or has been entitled to
use such drugs under the laws of the State shall not constitute a
defense against any charge of violating this Section.
[R.O. 2001 § 342.060; CC 1990 § 10-49; Ord. No. 96-13 §§ 1 – 3, 10-1-1996]
A.
ALCOHOLIC BEVERAGE
REAR COMPARTMENT
RECREATIONAL MOTOR VEHICLE
Definitions. The following terms shall have the meanings ascribed
to them in this Section, except where context indicates a different
meaning:
Includes alcohol for beverage purposes, alcoholic, spirituous,
vinous, fermented, malt or other liquor, 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 grains or cereals, and yeast and pure water, preservatives
and adulterants and having any alcoholic content by weight or volume.
Vehicle trunk, spare tire compartment, or any outside compartment
which is not accessible to the driver or any other person while such
a vehicle 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 be considered the rear compartment.
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.
B.
No person shall consume alcoholic beverages while operating a motor
vehicle upon a street, roadway or highway within the City of Clarkson
Valley.
C.
No person shall knowingly transport an alcoholic beverage, except
in the original container which shall not have been opened and the
seal upon which shall not have been broken or from which the original
cork or cap shall not have been removed, while operating a motor vehicle
upon a street, roadway or highway unless the open container is in
a rear compartment area of the vehicle.
D.
Nothing in this Section shall be construed as to prohibit the otherwise
legal consumption of alcoholic beverages by passengers on a privately
or publicly owned transit authority vehicle which 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 such alcoholic beverage.
E.
This Section shall not apply to the living quarters of a recreational
vehicle as defined in this Section.
