As used in this Chapter, the following terms shall have these
prescribed meanings:
Physically driving or operating a motor vehicle.
A person is in an "intoxicated condition" when he/she is under the influence of alcohol, a controlled substance,
or drug, or any combination thereof.
Includes the definition of Law Enforcement Officer in Subdivision
(17) of 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 motor vehicle while in an intoxicated or drugged
condition. No person convicted of or pleading guilty to the offense
of driving while intoxicated shall be granted a suspended imposition
of sentence for such offense, unless such person shall be placed on
probation for a minimum of two (2) years.
A.
A person
commits the offense of "driving with excessive blood alcohol
content" if such person operates a motor vehicle in this
City with ten-hundredths of one percent (.10%) 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
(1) 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.
A.
No
person shall consume any alcoholic beverage while operating a moving
motor vehicle upon the highways, as defined in Section 301.010, RSMo.
B.
Any
person found guilty of violating the provisions of this Section is
guilty of an infraction.
C.
Any
infraction under this Section shall not reflect on any records with
the Department of Revenue.
