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 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.
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. 1995 § 342.040; Ord. No.
92-12 § 5, 7-9-1992]
A. A person commits the offense of driving a commercial motor vehicle
with an excessive alcohol concentration or under the influence of
a regulated substance if he/she drives:
1.
While having an alcohol concentration of four one-hundredths
of a percent (0.04%) or more; or
2.
While under the influence of any substance so classified under
Section 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)),
including any substance listed in Schedules I through V of 21 CFR
§§ 1308.11 through 1308.15, as they may be revised
from time to time.
B. The provisions of this Section shall not apply to any person driving
a farm vehicle as defined in Section 302.700, RSMo.; any active duty
military personnel, members of the reserves and National Guard on
active duty, including personnel on full-time National Guard duty,
personnel on part-time training and National Guard military technicians,
while driving military vehicles for military purposes; any person
who drives emergency or fire equipment necessary to the preservation
of life or property or the execution of emergency governmental functions
under emergency conditions; any person driving or pulling a recreational
vehicle, as defined in Section 301.010 and 700.010, RSMo., for personal
use; and any other class of persons exempted by rule or regulation
of the Director of Revenue of the State of Missouri, which rule or
regulation is in compliance with the Commercial Motor Vehicle Safety
Act of 1986 and any amendments or regulations to said Act.
[R.O. 1995 § 342.050; Ord. No.
2011-02 § 1, 5-3-2011]
A. It shall be unlawful for any person:
1.
To operate any motor vehicle without a functioning, certified
ignition interlock device when that person has been ordered by a court,
pursuant to Chapter 302, RSMo., or Section 577.600, RSMo., to equip
any vehicle he/she operates with such a device.
a.
Missouri Department of Revenue records containing any entry
requiring the use of the device, as provided by Sections 577.600 through
577.614, RSMo., shall be presumptive evidence of the requirement to
have an ignition interlock device.
2.
Whose driving privilege is restricted as provided in Section
577.600, RSMo., or Chapter 302, RSMo., to fail to notify any other
person who rents, leases or loans a motor vehicle to that person of
the driving restriction imposed pursuant to said Section 577.600,
RSMo., or Chapter 302, RSMo.
3.
To knowingly rent, lease or lend a motor vehicle to a person
known to have had that person's driving privilege restricted
as provided in Section 577.600, RSMo., or Chapter 302, RSMo., unless
the vehicle is equipped with a functioning, certified ignition interlock
device.
4.
Whose driving privilege is restricted pursuant to the provisions
of Chapter 577, RSMo., or Chapter 302, RSMo., to request or solicit
any other person to blow into an ignition interlock device or to start
a motor vehicle equipped with the device for the purpose of providing
the person so restricted with an operable motor vehicle.
5.
To blow into an ignition interlock device or to start a motor
vehicle equipped with the device for the purpose of providing an operable
motor vehicle to a person whose driving privilege is restricted pursuant
to the provisions of Chapter 577, RSMo., or Chapter 302, RSMo.
6.
To tamper with or circumvent the operation of an ignition interlock
device.
B. Any person violating this Section shall be guilty of an offense and upon a plea of guilty or a finding of guilt shall be subject to the penalty set forth in Section
100.220 of the Code of Ordinances of the City of Bel-Ridge.