CHAPTER 342: DRIVING WHILE INTOXICATED

SECTION 342.010: DRIVING WHILE INTOXICATED

No person shall operate a motor vehicle while in an intoxicated condition or when under the influence of drugs. (CC 1990 §10-38; Code 1977 §16.425)

SECTION 342.020: DRIVING WITH EXCESSIVE BLOOD ALCOHOL CONTENT

A. A person commits the offense of "driving with excessive blood alcohol content" if such person operates a motor vehicle in this City with eight-hundredths of one percent (.08%) or more by weight of alcohol in such person's 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. 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.

SECTION 342.030: CHEMICAL TEST FOR ALCOHOL CONTENT-CONSENT IMPLIED- ADMINISTERED-WHEN-HOW-VIDEOTAPING OF CHEMICAL OR FIELD SOBRIETY TEST ADMISSIBLE EVIDENCE

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 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; or
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. The test shall be administered at the direction of the Law Enforcement Officer whenever the person has been arrested or stopped for any reason.

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 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.

D. 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.

E. Upon the request of the person who is tested, full information concerning the test shall be made available to him/her.

F. Any person given a chemical test of the person's breath pursuant to Subsection (A) 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.

SECTION 342.040: DRIVING WHILE UNDER INFLUENCE OF NARCOTIC DRUG-PENALTY

A. No person who is a habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him/her incapable of operating a motor vehicle shall operate a motor vehicle in the City. The fact that any person charged with violation of this Section is or has been entitled to use such drugs under the laws of the State shall not constitute a defense against any charge of violating this Section.

B. Any person convicted of a violation of this Section shall be punished as provided in Section 342.050 (A)(1). (CC 1990 §10-47; Ord. No. 92-12 §3, 6-2-92)

SECTION 342.050: PENALTIES FOR CONVICTIONS FOR VIOLATING PROVISIONS OF SECTIONS 342.010, 342.020 AND 342.040

A. Any person convicted of violating the provisions of Section 342.010 or Section 342.020 shall be punished as follows:

1. Driving while intoxicated is for the first (1st) offense, a class B misdemeanor. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence for such offense, unless such person shall be placed on probation for a minimum of two (2) years.
2. For the first (1st) offense, driving with excessive blood alcohol content is a class C misdemeanor.

B. Evidence of prior convictions shall be heard and determined by the Municipal Judge, out of the hearing of a jury prior to the submission of the case to any jury, and the court shall enter its findings thereon.

C. Upon a plea of guilty or a finding of guilty for a first (1st) offense of violating the provisions of Sections 342.020 or 342.040 of the City's municipal ordinance involving alcohol- or drug-related traffic offenses, the court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the City of Clarkson Valley for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made under this Chapter to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody. The City's Board of Public Safety may establish a schedule of such costs from time to time, however, the Municipal Court for the City may order the costs reduced if it determines that the costs are excessive. (CC 1990 §10-46; Ord. No. 92-12 §3, 6-2-92; Ord. No. 92-15 §§1-3, 7-7-92)

SECTION 342.060: CONSUMPTION OF ALCOHOLIC BEVERAGES IN MOTOR VEHICLES OR TRANSPORTATION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN MOTOR VEHICLES PROHIBITED

A. Definitions. The following terms shall have the meanings ascribed to them in this Section, except where context indicates a different meaning:

ALCOHOLIC BEVERAGE: Includes alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt or other liquor, or combination of liquors, a part of which is spirituous, vinous or fermented and to also include any beer manufactured from pure hops or pure extract of hops, and pure barley malt or grains or cereals, and yeast and pure water, preservatives and adulterants and having any alcoholic content by weight or volume.

REAR COMPARTMENT: Vehicle trunk, spare tire compartment, or any outside compartment which is not accessible to the driver or any other person while such a vehicle is in motion. In the case of a pickup truck, station wagon, hatchback or other similar vehicle, the area behind the last upright seat shall be considered the rear compartment.

RECREATIONAL MOTOR VEHICLE: Any motor vehicle designed, constructed or substantially modified so that it may be used and is used for the purpose of temporary housing quarters, including therein sleeping and eating facilities which are either permanently attached to the motor vehicle or attached to a unit which is securely attached to the motor vehicle.

B. No person shall consume alcoholic beverages while operating a motor vehicle upon a street, roadway or highway within the City of Clarkson Valley.

C. No person shall knowingly transport an alcoholic beverage, except in the original container which shall not have been opened and the seal upon which shall not have been broken or from which the original cork or cap shall not have been removed, while operating a motor vehicle upon a street, roadway or highway unless the open container is in a rear compartment area of the vehicle.

D. Nothing in this Section shall be construed as to prohibit the otherwise legal consumption of alcoholic beverages by passengers on a privately or publicly owned transit authority vehicle which has been chartered and is not being utilized for conveyance of the general public where the operation and control of such conveyance is by a person not in possession of such alcoholic beverage.

E. This Section shall not apply to the living quarters of a recreational vehicle as defined in this Section. (CC 1990 §10-49; Ord. No. 96-13 §§1-3, 10-1-96)

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