Cross Reference — As to reimbursement of certain costs related to arrest under this chapter, §125.330 of this Code.
As used in this Chapter, the following terms shall have these
prescribed meanings:
Physically driving or operating a motor vehicle.
A person is in an "intoxicated condition" when he/she is under the influence of alcohol, a controlled substance
or drug, or any combination thereof.
Includes the definition of Law Enforcement Officer in Subdivision
(17) of Section 556.061, RSMo., and military Policemen conducting
traffic enforcement operations on a Federal military installation
under military jurisdiction in the State of Missouri.
[Ord. No. 1234 §§1 —
2, 9-20-2010]
A.
No
person shall operate a motor vehicle while in an intoxicated condition.
1.
Upon conviction, any person violating the terms of Section 342.020(A) of this Section shall be guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment.
B.
No
person shall drive a motor vehicle when the person has eight-hundredths
of one percent (.08%) or more by weight of alcohol in his/her blood.
As used in this Section, percentage 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
contents of the person's blood under this Section, the test shall
be conducted in accordance with the provisions of Sections 564.441,
564.442 and 564.444, RSMo.
C.
Any
person who violates the provisions of this Section is guilty of a
misdemeanor and, upon conviction, shall be punished as follows:
1.
For the first (1st) offense, by a fine of not less than fifty dollars
($50.00) and not more than five hundred dollars ($500.00), or by imprisonment
in jail for not more than ninety (90) days, or by both such fine and
imprisonment.
2.
Any case involving a person that has been convicted, found guilty,
or pled guilty to two (2) or more previous intoxication-related traffic
offenses as defined in Section 577.023, RSMo., or has had two (2)
or more previous alcohol-related enforcement contacts as defined in
Section 302.525, RSMo., shall be referred to the Circuit Court of
Jefferson County in accordance with Section 479.170, RSMo.
3.
No person who operated a motor vehicle with fifteen-hundredths of
one percent (.15%) or more by weight of alcohol in such person's blood
shall be granted a suspended imposition of sentence unless the individual
participates and successfully completes a court-ordered treatment
program.
4.
If a person is not granted a suspended imposition of sentence for
the reasons set forth above, for such first (1st) offense:
a.
If the individual operated the motor vehicle with fifteen-hundredths
percent (.15%) to twenty-hundredths of one percent (.20%) by weight
of alcohol in such person's blood, the required term of imprisonment
shall be not less than forty-eight (48) hours; and
b.
If the individual operated the motor vehicle with greater than twenty-hundredths
of one percent (.20%) by weight of alcohol in such person's blood,
the required term of imprisonment shall be not less than five (5)
days.
[Ord. No. 1235 §§1 —
2, 9-20-2010]
A.
The
Municipal Judge and Prosecuting Attorney shall cause to be prepared
certain criminal arrest, charge, and disposition of intoxication-related
traffic offense information to the Missouri State Highway Patrol's
central repository for filing without undue delay in the form and
manner required by Sections 43.500 to 43.543, RSMo.
B.
The
Municipal Judge and Prosecuting Attorney shall cause to be prepared
a report of dispositions of intoxication-related traffic offenses
every six (6) months. The report shall include, but shall not be limited
to, the total number and disposition of every intoxication-related
traffic offense adjudicated, dismissed, or pending in its Municipal
Court Division. The report shall be submitted to the Jefferson County
Circuit Court en banc. The report shall include the six (6) month
period beginning January first (1st) and ending June thirtieth (30th)
and the six (6) month period beginning July first (1st) and ending
December thirty-first (31st) of each year. The report shall be submitted
to the Jefferson County Circuit Court en banc no later than sixty
(60) days following the end of the reporting period.
A.
This
Section and Section 577.021, RSMo., shall be known as the Alan Woods
Law.
B.
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
the person's breath, blood, saliva or urine for the purpose of determining
the alcohol or drug content of the person's blood pursuant to the
following circumstances:
1.
If the person is 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;
2.
If the person is under the age of twenty-one (21), has been stopped
by a Law Enforcement Officer, and the Law Enforcement Officer has
reasonable grounds to believe that such person was driving a motor
vehicle with a blood alcohol content of two-hundredths of one percent
(.02%) or more by weight;
3.
If the person is under the age of twenty-one (21), has been stopped
by a Law Enforcement Officer, and the Law Enforcement Officer has
reasonable grounds to believe that such person has committed a violation
of the traffic laws of the State or any political subdivision of the
State, and such officer has reasonable grounds to believe, after making
such stop, that such person has a blood alcohol content of two-hundredths
of one percent (.02%) or greater;
4.
If the person is under the age of twenty-one (21), has been stopped
at a sobriety checkpoint or roadblock, and the Law Enforcement Officer
has reasonable grounds to believe that such person has a blood alcohol
content of two-hundredths of one percent (.02%) or greater;
5.
If the person, while operating a motor vehicle, has been involved
in a motor vehicle collision which resulted in a fatality or a readily
apparent serious physical injury as defined in Section 565.002, RSMo.,
and has been arrested as evidenced by the issuance of a uniform traffic
ticket for the violation of any State law or County or municipal ordinance
with the exception of equipment violations contained in Chapter 307,
RSMo., or similar provisions contained in County or municipal ordinances;
or
6.
If the person, while operating a motor vehicle, has been involved
in a motor vehicle collision which resulted in a fatality or serious
physical injury as defined in Section 565.002, RSMo.
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The test shall be administered at the direction of the Law Enforcement
Officer whenever the person has been arrested or stopped for any reason.
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C.
The implied consent to submit to the chemical tests listed in Subsection (B) of this Section shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.
D.
Chemical
analysis of the person's breath, blood, saliva or urine to be considered
valid pursuant to 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.
E.
The
person tested may have a physician, or a qualified technician, chemist,
registered nurse or other qualified person at the choosing and expense
of the person to be tested, 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 such person. Full information
is limited to the following:
1.
The type of test administered and the procedures followed;
2.
The time of the collection of the blood or breath sample or urine
analyzed;
3.
The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
4.
The type and status of any permit which was held by the person who
performed the test;
5.
If the test was administered by means of a breath testing instrument,
the date of performance of the most recent required maintenance of
such instrument.
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Full information does not include manuals, schematics or software
of the instrument used to test the person or any other material that
is not in the actual possession of the State. Additionally, full information
does not include information in the possession of the manufacturer
of the test instrument.
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G.
Any person given a chemical test of the person's breath pursuant to Subsection (B) of this Section or a field sobriety test may be videotaped during any such test at the direction of the 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 for a violation of any municipal ordinance or any license revocation or suspension proceeding pursuant to the provisions of Chapter 302, RSMo.
A.
No
person shall consume any alcoholic beverage while operating a moving
motor vehicle upon the highways.
B.
Any
person found guilty of violating the provisions of this Section is
guilty of an infraction.
C.
Any
infraction under this Section shall not reflect on any records with
the Department of Revenue.