Cross Reference: As to reimbursement of certain costs related to arrest under this chapter, § 125.320(A)(10) of this Code.
As used in this Chapter, the following terms shall have these prescribed meanings:
- DRIVE, DRIVING, OPERATES or OPERATING
- Physically driving or operating a motor vehicle.
- INTOXICATED CONDITION
- 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.
- LAW ENFORCEMENT OFFICER or ARRESTING OFFICER
- 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.
Note: As to provisions concerning sentencing and suspended imposition of sentence under certain conditions, see § 577.010, RSMo.
A person commits the offense of "driving with excessive blood alcohol content" if such person operates a motor vehicle in this Town with eight-hundredths of one percent (.08%) or more by weight of alcohol in such person's blood.
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.
Note: As to provisions concerning sentencing and suspended imposition of sentence under certain conditions, see § 577.012, RSMo.
Consent Implied; Test Administered.
Any person who operates a motor vehicle upon the public highways of this Town shall be deemed to have given consent to, subject to the provisions of Sections 577.019 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 pursuant to the following circumstances:
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 driving a motor vehicle while in an intoxicated or drugged condition; or
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 driving a motor vehicle with a blood alcohol content of two-hundredths of one percent (.02%) or more by weight; or
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 (.02%) or greater; or
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 (.02%) or greater; or
If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or a readily apparent serious physical injury as defined in Section 565.002, RSMo., and 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 Chapter 306, RSMo., or similar provisions contained in County or municipal ordinances; or
If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or serious physical injury as defined in Section 565.002, RSMo.
The test shall be administered at the direction of the Law Enforcement Officer whenever the person has been arrested or stopped for any reason.
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.
Chemical analysis of the person's breath, blood, saliva or urine to be considered valid pursuant to the provisions of Sections 577.019 to 577.041, RSMo., 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.
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.
Upon the request of the person who is tested, full information concerning the test shall be made available to such person.
"Full information" is limited to the following:
The type of test administered and the procedures followed;
The time of the collection of the blood or breath sample or urine analyzed;
The numerical results of the test indicating the alcohol content of the blood and breath and urine;
The type and status of any permit which was held by the person who performed the test;
If the test was administered by means of a breath testing instrument, the date of performance of the most recent required maintenance of such instrument.
"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.
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 for a violation of any municipal ordinance or any license revocation or suspension proceeding pursuant to the provisions of Chapter 302, RSMo.
Upon the trial of any person for any criminal offense or violations of municipal ordinances, or in any license suspension or revocation proceeding pursuant to the provisions of Chapter 302, RSMo., arising out of acts alleged to have been committed by any person while operating a vehicle, vessel, or aircraft, or acting as a flight crew member of any aircraft, while in an intoxicated condition or with an excessive blood alcohol content, the amount of alcohol in the person's blood at the time of the act, as shown by any chemical analysis of the person's blood, breath, saliva, or urine, is admissible in evidence and the provisions of Subdivision (5) of Section 491.060, RSMo., shall not prevent the admissibility or introduction of such evidence if otherwise admissible.
If a chemical analysis of the defendant's breath, blood, saliva, or urine demonstrates there was eight-hundredths of one percent (0.08%) or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken. If a chemical analysis of the defendant's breath, blood, saliva, or urine demonstrates that there was less than eight-hundredths of one percent (0.08%) of alcohol in the defendant's blood, any charge alleging a criminal offense related to the operation of a vehicle, vessel, or aircraft while in an intoxicated condition or with an excessive blood alcohol content shall be dismissed with prejudice unless one (1) or more of the following considerations cause the court to find a dismissal unwarranted:
There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen;
There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; or
There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant.
Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath.
The foregoing provisions of this Section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was intoxicated.
A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subsection (B) of this Section, shall have been performed as provided in Sections 577.020 to 577.041, RSMo., and in accordance with methods and standards approved by the State Department of Health and Senior Services.
No person shall consume any alcoholic beverage while operating a moving motor vehicle upon the highways.
Any person found guilty of violating the provisions of this Section is guilty of an ordinance violation.
Any ordinance violation under this Section shall not reflect on any records with the Department of Revenue.
[Ord. No. 1149 § 10.010, 2-18-2014]
Prohibited. It shall be unlawful for any person to operate a motor vehicle within the Town while such person shall have in possession or within easy reach an open or unsealed container filled or partially filled with any alcoholic beverage.
[Ord. No. 1149 § 10.060, 2-18-2014]
Validity of Traffic Division Records. For the purpose of this Section, the records kept by the Missouri Department of Revenue, or by the Court in which the person was convicted, or certified copies of said records, shall be admissible as prima facie evidence of such conviction.
[Ord. No. 1149 § 10.050, 2-18-2014]
The penalties for operating, driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or drugs shall be as follows:
For the first offense: by a fine of up to five hundred dollars ($500.00) or by imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment.
For the second offense: by confinement for a term of not less than fifteen (15) days and not exceeding ninety (90) days, and a fine not to exceed one thousand dollars ($1,000.00).