Cross Reference — As to reimbursement of certain costs related to arrest under this chapter, § 130.330 of this Code.
As used in this Chapter, the following terms shall have these
prescribed meanings:
Physically driving or operating a motor vehicle.
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.
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. No person convicted of or pleading guilty to the offense
of driving while intoxicated shall be granted a suspended imposition
of sentence for such offense, unless such person shall be placed on
probation for a minimum of two (2) years.
A.
A person commits the offense of "driving with excessive blood alcohol
content" if such person operates a motor vehicle in this City with
eight-hundredths of one percent (0.08%) or more by weight of alcohol
in such person's blood.
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.
A.
This Section and Section 577.021, RSMo., shall be known as the Alan
Woods Law.
B.
Any person who operates a motor vehicle upon the public highways
of this City shall be deemed to have given consent to, subject to
the provisions of Sections 577.020 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:
1.
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;
2.
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
(0.02%) or more by weight;
3.
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;
4.
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;
5.
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 307,
RSMo., or similar provisions contained in County or municipal ordinances;
or
6.
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.
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The test shall be administered at the direction of the Law Enforcement
Officer whenever the person has been arrested or stopped for any reason.
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C.
The implied consent to submit to the chemical tests listed in Subsection (B) of this Section shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.
D.
Chemical analysis of the person's breath, blood, saliva or urine
to be considered valid pursuant to the provisions of Sections 577.020
to 577.041, RSMo., shall be performed according to methods approved
by the State Department of Health by licensed medical personnel or
by a person possessing a valid permit issued by the State Department
of Health for this purpose.
E.
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.
F.
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:
1.
The type of test administered and the procedures followed;
2.
The time of the collection of the blood or breath sample or
urine analyzed;
3.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
4.
The type and status of any permit which was held by the person
who performed the test;
5.
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.
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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.
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G.
Any person given a chemical test of the person's breath pursuant to Subsection (B) 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.
A.
No person shall consume any alcoholic beverage while operating a
moving motor vehicle upon the highways.
B.
Any person found guilty of violating the provisions of this Section
is guilty of an infraction.
C.
Any infraction under this Section shall not reflect on any records
with the Department of Revenue.
