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:
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 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.
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. 2016 § 342.040; CC 1994 § 36.140]
No owner of any vehicle, or any person
having such vehicle in charge or in control, shall authorize or knowingly
allow the same to be driven or operated by any person under the influence
of any intoxicating liquor or any exhilarating or stupefying drug.
