Cross Reference: As to reimbursement of certain costs related to arrest under this chapter, § 125.320(A)(5) 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 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 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)(1) 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)(1) 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. 2012 § 390.040; RSMo. 577.041(1); Ord. No. 84 § P-13, 8-6-1979]
A.
If a person under arrest, or who has been detained pursuant to Subdivision
(2) of Subsection 1 of Section 577.020, RSMo., or stopped pursuant
to Subdivision (3) or (4) of Subsection 1 of Section 577.020, RSMo.,
refuses upon the request of the officer to submit to any test allowed
pursuant to Section 577.020, RSMo., then evidence of the refusal shall
be admissible in any proceeding related to the acts resulting in such
detention, stop, or arrest.
B.
The request of the officer to submit to any chemical test shall include
the reasons of the officer for requesting the person to submit to
a test and also shall inform the person that evidence of refusal to
take the test may be used against such person. If such person was
operating a vehicle prior to such detention, stop, or arrest, he or
she shall further be informed that his or her license shall be immediately
revoked upon refusal to take the test.
C.
If a person when requested to submit to any test allowed pursuant
to Section 577.020, RSMo., requests to speak to an attorney, the person
shall be granted twenty (20) minutes in which to attempt to contact
an attorney. If, upon the completion of the twenty-minute period the
person continues to refuse to submit to any test, it shall be deemed
a refusal.
[1]
State Law Reference: See RSMo. §§ 577.020.1
and 577.041.1.
[R.O. 2012 § 390.050; Ord. No.
84 § P-13, 8-6-1979]
An arrest without a warrant by a City Policeman or Law Enforcement
Officer for a violation of this Chapter is lawful whenever the arresting
officer has reasonable grounds to believe that the person to be arrested
has violated the Chapter, whether or not the violation occurred in
the presence of the arresting officer.
[1]
State Law Reference: See RSMo. § 577.039.