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. 1993 § 235.440; Ord. No.
487, 4-19-1993]
A. No person shall knowingly transport in any vehicle operating upon
a public highway, street, or alley any alcoholic beverage except in
the original container which shall not have been opened and the seal
upon which shall not have been broken and from which the original
cork or cap shall not have been removed, unless the opened container
be in the rear trunk or rear compartment, which shall include the
spare tire compartment or any outside compartment which is not accessible
to the driver or any other person in such vehicle while it is in operation.
In the case of a pickup truck, station wagon, hatchback, or other
similar vehicle, the area behind the last upright seat shall not be
considered accessible to the driver or any other person.
B. No operator of a motor vehicle shall allow any alcoholic beverage
to be consumed in the motor vehicle while he or she is operating such
motor vehicle nor shall any person consume any alcoholic beverage
while in a motor vehicle which is operating.
C. Nothing in this Section shall be construed to prohibit the otherwise
legal consumption of alcoholic beverages by passengers on a privately
or publicly owned transit authority that has been chartered and is
not being utilized for conveyance of the general public where the
operation and control of such conveyance is by a person not in possession
of or with ready access to such alcoholic beverage.
D. This Section shall not apply to the living quarters of a recreational
motor vehicle.