[CC 1970 §18-30; Ord. No. 1210 §1, 7-9-1991; Ord.
No. 1447 §1, 9-18-2001]
A.
No person
shall operate a motor vehicle while in an intoxicated or drugged condition.
It shall be prima facie evidence that the person was intoxicated if
such person has eight-hundredths of one percent (0.08%) or more by
weight of alcohol in such person's blood.
B.
No person
shall operate a commercial motor vehicle while having an alcohol concentration
of four hundredths of one percent (0.04%) or more by weight of alcohol
in such person's blood.
C.
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
and may be shown by chemical analysis of that person's blood, breath,
saliva or urine. As used in this Section the term "commercial motor
vehicle" shall mean any motor vehicle designed or used to transport
persons or property if:
1.
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 (10,000) or more pounds;
2.
The
vehicle has a gross vehicle weight rating of twenty-six thousand one
(26,001) or more pounds;
3.
The
vehicle is designed to transport more than fifteen (15) passengers,
including the driver; or
4.
The
vehicle is transporting hazardous materials as defined in Section
302.700 of the Revised Statutes of the State of Missouri.
D.
Any person
who violates the provisions of this Section shall be guilty of a misdemeanor
and, upon conviction, shall be punished by a fine of not less than
fifty dollars ($50.00) nor more than five hundred dollars ($500.00)
or by confinement of a term of not more than three (3) months, or
by both such fine and confinement.
[CC 1970 §18-30.1; Ord. No. 1277 §1, 12-6-1994; Ord. No. 1447 §2, 9-18-2001]
A.
A person
commits the crime of driving with excessive blood alcohol content
if he/she operates a motor vehicle in the City of Rock Hill with eight-hundredths
of one percent (0.08%) 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
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 of
the Revised Statutes of the State of Missouri.
C.
Driving
with excessive blood alcohol content is a misdemeanor.
