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) 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) 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. 1993 § 340.240]
A.
No
driver or passenger in a motor vehicle shall transport, possess or
have within the passenger area of said motor vehicle while on City
highways, streets, alleys or other public property in the City any
intoxicating liquor or malt liquor unless such intoxicating liquor
or malt liquor shall be in the original, unopened container with the
seal unbroken. The "passenger area" of a motor vehicle shall not include
any area of the motor vehicle which is inaccessible to the driver
or any other person in such vehicle while it is in motion. In the
case of a pickup truck, station wagon, hatchback vehicle or other
similar vehicle, the area behind the last upright seat shall not be
considered accessible to the driver or any other person, provided
that no person is occupying, sitting or standing in that area of the
vehicle. In the case of a recreational motor vehicle, the living quarters
shall not be considered accessible to the driver or any other person.
This Section applies to any driver or passenger in a motor vehicle
while on the above stated public property in the City whether the
motor vehicle is parked, stopped or in motion. Provided, however,
this Section shall not apply to any passenger in a chartered bus where
the driver of said bus is never in the possession of and has no ready
access to intoxicating liquor or malt liquor.
B.
No
driver or passenger shall consume intoxicating liquor or malt liquor
while in a moving motor vehicle within the City. Provided, however,
this Section shall not apply to any passenger in a chartered bus where
the driver of said bus is never in possession of and has no ready
access to intoxicating liquor or malt liquor. This Section also shall
not apply to any passenger in the living quarters of a recreational
motor vehicle.
