[Ord. No. 131 §1, 11-3-1982]
As used in this Chapter, the following terms shall have these prescribed meanings:
- DRIVE, DRIVING, OPERATE OR OPERATING
- Physically driving or operating or being in actual physical control of a motor vehicle.
- INTOXICATED CONDITION
- When a person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.
[Ord. No. 131 §2, 11-3-1982]
A person commits the offense of driving while intoxicated if he/she operates a motor vehicle within the City of Lake Ozark, Missouri, while in an intoxicated or drugged condition.
[Ord. No. 131 §3, 11-3-1982; Ord. No. 2001-24 §1, 8-28-2001]
A person commits the offense of driving with excessive blood alcohol content if he/she operates a motor vehicle within the City of Lake Ozark, Missouri, with eight-hundredths of one percent (0.08%) 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 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. 131 §4, 11-3-1982]
Any person who operates a motor vehicle 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 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 Division of Health by licensed medical personnel or by a person possessing a valid permit issued by the State Division of Health for this purpose.
The State Division 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 Division 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.
[Ord. No. 131 §5, 11-3-1982]
Any person who shall be found guilty of operating a motor vehicle in an intoxicated condition as provided in Section 380.020 hereof, shall be deemed guilty of a misdemeanor and shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00), or by confinement in the City Jail not more than thirty (30) days, or both such fine and confinement.