[Ord. No. 19 §11(A), 6-1-1995]
A person commits the offense of "driving while intoxicated" if he/she operates a motor vehicle while in an intoxicated or drugged
condition. No person convicted of or pleading guilty to the offense
of driving while intoxicated shall be granted a suspended imposition
of sentence for such offense, unless such person shall be placed on
probation for a minimum of two (2) years.
[Ord. No. 19 §11(B), 6-1-1995; Ord. No. 356 §1, 2-19-2002]
A person commits the offense of "driving with excessive
blood alcohol content" if he/she operates a motor vehicle
in this State with eight-hundredths of one percent (.08%) or more
by weight of alcohol in his/her blood. 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.
[Ord. No. 19 §11(C), 6-1-1995]
A.
Any
person who operates a motor vehicle upon the public streets, roads
or highways of this City shall be deemed to have given consent to,
subject to the provisions of Sections 577.020 to 577.041, RSMo., a
chemical test or tests of his/her breath, blood, saliva or urine for
the purpose of determining the alcohol or drug content of his/her
blood if 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. The test shall be administered at the direction of the
arresting Law Enforcement Officer whenever the person has been arrested
for the offense.
B.
The
implied consent to submit to the chemical tests listed in Subsection
(1) 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 persons's breath, blood, saliva, or urine to be considered
valid under the provisions of Sections 577.020 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 of his/her own choosing
and at his/her expense 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 him/her.
F.
Any person given a chemical test of the person's breath pursuant to Subsection (A) or a field sobriety test may be videotaped during any such test at the direction of the arresting 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 either any trial of such person for either a violation of any State law or County or municipal ordinance, or any license revocation or suspension proceeding pursuant to the provisions of Chapter 302, RSMo.
[Ord. No. 19 §11(D), 6-1-1995]
A.
No
driver or passenger in a motor vehicle shall transport, possess or
have within the passenger area of said motor vehicle while on City
highways, streets, alleys or other public property in the City any
intoxicating liquor, malt liquor or non-intoxicating beer unless such
intoxicating liquor, malt liquor or non-intoxicating beer shall be
in the original, unopened container with the seal unbroken. The "passenger area" of a motor vehicle shall not include any
area of the motor vehicle which is inaccessible to the driver or any
other person in such vehicle while it is in motion. In the case of
a pickup truck, station wagon, hatchback vehicle or other similar
vehicle, the area behind the last upright seat shall not be considered
accessible to the driver or any other person, provided that no person
is occupying, sitting or standing in that area of the vehicle. In
the case of a recreational motor vehicle, the living quarters shall
not be considered accessible to the driver or any other person. This
Subsection shall apply to any driver or passenger in a motor vehicle
while on the above stated public property in the City whether the
motor vehicle is parked, stopped or in motion. Provided however, this
Subsection shall not apply to any passenger in a chartered bus where
the driver of said bus is never in the possession of and has no ready
access to intoxicating liquor, malt liquor or non-intoxicating beer.
B.
No
driver or passenger shall consume intoxicating liquor, malt liquor
or non-intoxicating beer while in a moving motor vehicle within the
City. Provided however, this Subsection shall not apply to any passenger
in a chartered bus where the driver of said bus is never in possession
of and has no ready access to intoxicating liquor, malt liquor or
non-intoxicating beer. This Subsection also shall not apply to any
passenger in the living quarters of a recreational motor vehicle.
