[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]
A.
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.
B.
COMMERCIAL MOTOR VEHICLE
1.
2.
3.
4.
DRIVE, DRIVING, OPERATE OR OPERATING
INTOXICATED CONDITION
Definitions. As used in Sections 342.020 to 342.060, the following terms shall have the meanings hereinafter stated, to-wit:
A motor vehicle designed or used to transport passengers
or property:
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
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
If the vehicle is designed to transport more than fifteen (15)
passengers, including the driver; or
If the vehicle is transporting hazardous materials and is required
to be placarded under the Hazardous Materials Transportation Act (46
USC 1801 et seq.).
Physically driving or operating or being in actual physical
control of a motor vehicle.
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.
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.
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.
[CC 1976 §340.152]
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 577.020 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 (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 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 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.
E.
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.
F.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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:
1.
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;
2.
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
3.
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.
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:
1.
While
having an alcohol concentration of four one-hundredths of a percent
(.04%) or more; or
2.
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.
B.
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]
A.
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.
1.
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.
2.
These
fees shall be assessed as an additional cost by the Municipal Court
and shall be collected and remitted to the City Treasurer.
3.
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.
B.
Punishment.
1.
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]
A.
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.
B.
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.
C.
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.
D.
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.
