[CC 1976 §340.150; Ord. No. 1390 §1, 7-15-1980; Ord. No. 1865 §1, 10-13-1992; Ord. No. 1946 §29, 7-12-1994]
Driving While Intoxicated. A person commits the offense of driving while intoxicated if he/she operates a motor vehicle while in an intoxicated or drugged condition.
Definitions. As used in Sections 342.020 to 342.060, the following terms shall have the meanings hereinafter stated, to-wit:
- COMMERCIAL MOTOR VEHICLE
- A motor vehicle designed or used to transport passengers or property:
- 1. If the vehicle has a gross combination weight rating of twenty-six thousand one (26,001) or more pounds inclusive of a towed unit which has a gross vehicle weight rating of ten thousand one (10,001) pounds or more; or
- 2. If the vehicle has a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds or such lesser ratings as determined by Federal regulation; or
- 3. If the vehicle is designed to transport more than fifteen (15) passengers, including the driver; or
- 4. If the vehicle is transporting hazardous materials and is required to be placarded under the Hazardous Materials Transportation Act (46 USC 1801 et seq.).
- DRIVE, DRIVING, OPERATE OR OPERATING
- Physically driving or operating or being in actual physical control of a motor vehicle.
- INTOXICATED CONDITION
- A person is in such condition when he/she is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.
[CC 1976 §340.151; Ord. No. 1390 §2, 7-15-1980; Ord. No. 1865 §1, 10-13-1992; Ord. No. 2300 §1, 9-27-2001]
A person commits the offense of driving with excessive blood alcohol content if he/she operates a motor vehicle 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.
[CC 1976 §340.152]
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 577.020 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.
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.
Chemical analysis of the person'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.
The State Department of Health shall approve satisfactory techniques, devices, equipment, or methods to be considered valid under the provisions of Sections 577.020 to 577.041, RSMo., and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Department of Health.
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.
Upon the request of the person who is tested, full information concerning the test shall be made available to him/her.
[CC 1976 §340.153; Ord. No. 2300 §1, 9-27-2001]
Upon the trial of any person for violation of any of the provisions of Section 342.010 or 342.020 of this Chapter, arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of Subdivision (5) of Section 491.060, RSMo., shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there were eight-hundredths of one percent (.08%) or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.
Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath.
The foregoing provisions of this Section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated.
A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subsection (A) of this Section, shall have been performed as provided in Sections 577.020 to 577.041, RSMo., and in accordance with methods and standards approved by the State Department of Health.
Any charge alleging a violation of Section 342.010 or 342.020 or any County or City ordinance prohibiting driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva, or urine performed in accordance with Sections 577.020 to 577.041, RSMo., and rules promulgated thereunder by the State Department of Health demonstrate that there was less than eight-hundredths of one percent (.08%) of alcohol in the defendant's blood unless one (1) or more of the following considerations cause the court to find a dismissal unwarranted:
There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen;
There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; or
There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant.
[CC 1976 §340.154; Ord. No. 1865 §1, 10-13-1992]
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 a commercial motor vehicle, as defined in Section 342.010 hereof:
While having an alcohol concentration of four one-hundredths of a percent (.04%) or more; or
While under the influence of any substance so classified under Section 102(6) of the Controlled Substances Act (21 USC 802 (6)), including any substance listed in Schedule I through V of 21 CFR part 1308, as they may be revised from time to time.
The provisions of this Section shall not apply to: Any person driving a farm vehicle as defined in Section 302.700, RSMo.; 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; 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; any person driving or pulling a recreational vehicle, as defined in Sections 301.010 and 700.010, RSMo., for personal use; and 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.
[CC 1976 §340.155; Ord. No. 1865 §1, 10-13-1992]
No person shall consume any alcoholic beverage while operating a moving motor vehicle upon any public street or roadway.
[CC 1976 §340.156; Ord. No. 1865 §1, 10-13-1992; Ord. No. 2300 §1, 9-27-2001]
Upon a plea of guilty or a finding of guilty for violating any of the provisions of Sections 342.010 to 342.050, the court may, in addition to imposition of any penalties provided by law, order the person to pay a fee in the amount of eighty-five dollars ($85.00) to reimburse law enforcement authorities for the costs associated with such arrest. In addition, a fee of twenty-five dollars ($25.00) shall be assessed and remitted to the State Treasury for the Spinal Cord Injury Fund.
These costs are deemed to include the reasonable cost of making the arrest, including the cost of any chemical tests to determine the alcohol or drug content of the person's blood, and the cost of processing, charging, booking and holding such person in custody.
These fees shall be assessed as an additional cost by the Municipal Court and shall be collected and remitted to the City Treasurer.
The City Treasurer shall retain these fees in separate funds known as the "DWI/Drug Enforcement Fund" and the "Spinal Cord Injury Fund". Monies within the DWI/Drug Enforcement Fund shall be appropriated by the Board of Aldermen to law enforcement authorities from such fund in amounts equal to those costs so incurred and shall be specifically used to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City. Monies within the Spinal Cord Injury Fund shall be appropriated by the Board of Aldermen to the State Treasury.
Any person found to have violated any of the provisions of Sections 342.010 to 342.050 of this Chapter shall be deemed guilty of a City ordinance violation and punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. No court shall suspend the imposition of sentence as to a prior or persistent offender in accordance with Section 577.023, RSMo., nor sentence such person to pay a fine in lieu of a term of imprisonment, Section 557.011, RSMo., to the contrary notwithstanding. No prior offender shall be eligible for parole or probation until he or she has served a minimum of five (5) days imprisonment, unless as a condition of such parole or probation such person performs at least thirty (30) days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service. No persistent offender shall be eligible for parole or probation until he or she has served a minimum of ten (10) days imprisonment, unless as a condition of such parole or probation such person performs at least sixty (60) days of community service under the supervision of the court.
[CC 1976 §340.157; Ord. No. 1946 §30, 7-12-1994]
Upon a plea of guilty or a finding of guilty for a first (1st) offense of violating the provisions of Sections 342.010 or 342.020 involving alcohol- or drug-related traffic offenses, the court shall, as a condition for suspending any permissible portion of any sentence or in addition to imposition of any penalties provided by law, order the convicted person to participate in and successfully complete an alcohol or drug related traffic offender education or rehabilitation program which meets or exceeds minimum standards established by the Missouri Department of Public Safety and the Missouri Department of Mental Health. Such a program may be used as a condition for suspending any permissible portion of any sentence only one (1) time.
The program shall provide a professional assessment for the identification of individual needs of the person who has had his or her driver's license suspended or revoked, and who is referred to the program. If the assessment results in a recommendation that the offender participate in a subsequent education or rehabilitation program, the court may order that the offender complete such program.
The cost of the program shall be paid by the person attending the program. Any person who attends the program shall pay, in addition to any fee charged for the program, a supplemental fee of sixty dollars ($60.00). The administrator of the program shall remit to the Division of Alcohol and Drug Abuse of the Missouri Department of Mental Health the supplemental fees for all persons enrolled in the program, less two percent (2%) for administration costs.
When the court orders any person to participate in an alcohol education or rehabilitative program, the Clerk of the Court shall send a record of the participation and completion of the program to the Missouri State Highway Patrol for inclusion in the Missouri uniform law enforcement systems records.
[CC 1976 §340.158; Ord. No. 1950 §1, 8-9-1994]
Any person who is convicted of or pleads guilty to a drug-related offense pursuant to the provisions of Sections 210.660 to 210.750, or an intoxicated-related traffic offense, as defined in Sections 342.010 to 342.040, shall be assessed as costs a fee in the amount of five dollars ($5.00). Such fee shall be collected by the Clerk of the Court and paid at least monthly to the Missouri Director of Revenue and placed to the credit of the Independent Living Center Fund created in Section 178.653, RSMo.