As used in this Chapter, the following terms shall have these
prescribed meanings:
INTOXICATION-RELATED TRAFFIC OFFENSE
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.
LAW ENFORCEMENT OFFICER or ARRESTING OFFICER
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.
[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.
[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.