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/she operates a vehicle while in an intoxicated condition.
[CC 1990 § 18-28.2; Ord. No. 1537 §§ 1 — 6, 8-2-1999]
A. Definitions. The following terms shall have the meanings ascribed
to them in this Section, except where context indicates a different
meaning:
ALCOHOLIC BEVERAGE
Includes alcohol for beverage purposes, alcoholic, spirituous,
vinous, fermented, malt or other liquor or combination of liquors,
a part of which is spirituous, vinous or fermented and to also include
any beer manufactured from pure hops or pure extract of hops and pure
barley malt or other wholesome grains or cereals and wholesome yeast
and pure water and free from all harmful substances, preservatives
and adulterants and having any alcoholic content by weight or volume.
REAR COMPARTMENT
Vehicle trunk, spare tire compartment or any outside compartment
which is not accessible to the driver or any other person while such
vehicle is in motion. In the case of a pickup truck, station wagon,
hatchback or other similar vehicle, the area behind the last upright
seat shall be considered the rear compartment.
RECREATIONAL MOTOR VEHICLE
Includes any motor vehicle designed, constructed or substantially
modified so that it may be used and is used for the purpose of temporary
housing quarters, including therein sleeping and eating facilities
which are either permanently attached to the motor vehicle. Nothing
herein shall prevent any motor vehicle being registered as a commercial
motor vehicle if the motor vehicle could otherwise be so registered.
B. No person shall consume alcoholic beverages while operating a motor vehicle upon a public street, highway or alley or while they are passengers in a vehicle upon a public street, highway or alley unless they are exempt per Subsection
(D) of this Section.
C. No person shall knowingly transport 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, while operating a motor vehicle
upon a public street, highway or alley unless the opened container
is in a rear compartment area of the vehicle.
D. Nothing in this Section shall be construed as 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, but the driver
of such motor vehicle may not possess, have ready access to or consume
any alcoholic beverage while the motor vehicle is operated on a public
highway, street, road or alley.
E. Nothing in this Section shall be construed to prohibit the otherwise
legal consumption of an alcoholic beverage by passengers riding in
the living quarters of a recreational motor vehicle. Nothing contained
in this Section shall prevent any motor vehicle from being registered
as a commercial motor vehicle if it could otherwise be so registered.