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, marijuana, a controlled substance
or drug, or any combination thereof.
[Ord. No. 777, 4-11-2023]
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.
[1]
Note — As to provisions concerning sentencing and suspended
imposition of sentence under certain conditions, §577.010, RSMo.
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 (.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.
[1]
Note — As to provisions concerning sentencing and suspended
imposition of sentence under certain conditions, §577.012, RSMo.
A.
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 577.019 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; or
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
(.02%) or more by weight; or
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 (.02%) or greater; or
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 (.02%) or greater; or
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 306,
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.
|
|
The test shall be administered at the direction of the Law Enforcement
Officer whenever the person has been arrested or stopped 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 arrest, incident or charge.
C.
Chemical
analysis of the person's breath, blood, saliva or urine to be considered
valid pursuant to the provisions of Sections 577.019 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.
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. 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.
|
|
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 for a violation of any municipal ordinance or any license revocation or suspension proceeding pursuant to the provisions of Chapter 302, RSMo.
[R.O. 2012 §342.050; Ord. No. 487 §8, 6-5-2001; Ord.
No. 577 §1, 3-6-2007; Ord. No. 777, 4-11-2023]
A.
Subject to the exceptions in Subsections (B), (C) and (D) of this Section, a person commits the violation of "operating a motor vehicle with an open container of an alcoholic beverage" if such person is operating a motor vehicle in which an open container of beer or intoxicating liquor is located while such vehicle is on any street, highway or other public or private property open to the public for purposes of vehicular travel or parking.
B.
Notwithstanding Subsection (A), this Section does not apply to a person who is conveying passengers in and operating a limousine or taxicab licensed for commercial use if no other person is occupying a seat in the front compartment of the vehicle where the operator of the vehicle is located, and no open container is in such compartment.
C.
Notwithstanding Subsection (A), this Section does not apply to the possession of an opened container that is securely resealed and stored in the trunk of a motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers and not easily accessible by the driver or passengers.
D.
Pursuant to the provisions of Section 311.101, RSMo., no person who
transports in a vehicle one (1) or more bottles of unfinished wine
which:
1.
Came from a licensed restaurant bar or winery;
2.
After having ordered a meal (if from a restaurant bar); and
3.
If the wine was partially consumed from such bottle(s) at the
restaurant bar or winery shall be considered to have violated this
Section so long as:
a.
Such person has in his or her possession a receipt dated that
date from the restaurant bar or winery; and
b.
The bottle or bottles of wine remain in the restaurant bar or
winery furnished, one-time-use, tamperproof, transparent bag(s) with
the seal(s) intact.
|
In any prosecution under this Section, the burden of injecting
the issue of this exception and the burden or persuasion with respect
thereto shall rest with the defendant.
|
E.
No person shall consume marijuana, marijuana-infused product, preroll,
or infused preroll while operating or being in physical control of
a motor vehicle, train, aircraft, motorboat, or other motorized form
of transport while it is being operated.
F.
No person shall consume marijuana, marijuana-infused product, preroll,
or infused preroll within a motor vehicle, train, aircraft, motorboat,
or other motorized form of transport while it is being operated.
[R.O. 2012 §342.060; Ord. No. 487 §8, 6-5-2001]
A.
A person
commits the offense of driving a commercial motor vehicle with an
excessive alcohol concentration or under the influence of a regulated
substance if he/she drives:
1.
While having an alcohol concentration of four one-hundredths of a
percent (0.04%) or more; or
2.
While under the influence of any substance so classified under Section
102(6) of the Controlled Substance Act (21 USC 802(6)), including
any substance listed in Schedules I through V of 21 CFR part 1308,
as they may be revised from time to time.
B.
The
provisions of this Subsection shall not apply to:
1.
Any person driving a farm vehicle as defined in Section 302.700,
RSMo.;
2.
Any active duty military personnel, members of the Reserves and National
Guard on active duty, including personnel on full-time National Guard
duty, personnel on part-time training and National Guard military
technicians, while driving military vehicles for military purposes;
3.
Any person who drives emergency or fire equipment necessary to the
preservation of life or property or the execution of emergency governmental
functions under emergency conditions;
4.
Any person driving or pulling a recreational vehicle, as defined
in Sections 301.010 and 700.010, RSMo., for personal use; and
5.
Any other class of persons exempted by rule or regulation of the
Director of Revenue of the State of Missouri, which rule or regulation
is in compliance with the Commercial Motor Vehicle Safety Act of 1986
and any amendments or regulations to said Act.
