As used in this Chapter, the following terms shall have these
prescribed meanings:
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.
Shall have the same meaning as set forth for "law enforcement
officer or arresting officer" herein.
[R.O. 1997 § 342.010; Ord. No. 128 § 1, 9-1-1995]
A person shall not operate a motor
vehicle while in an intoxicated or drugged condition.
[R.O. 1997 § 342.020; Ord. No. 771 § 1, 10-22-2001]
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.
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 Police Officer, and the Police 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 Police Officer, and the Police 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 Police 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
or other citation 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 Police
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 Police 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 Police 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 Police 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.
[R.O. 1997 § 342.030; Ord. No. 479 § 1, 11-23-1998]
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.
