Boonville Alcohol- and drug-related traffic offenses ordinance (§ 12-3)

(a) Driving while intoxicated, drugged. A person commits the offense of driving while intoxicated if he operates a motor vehicle while in an intoxicated or drugged condition.

(b) Excessive blood alcohol content. A person commits the offense of driving with excessive blood alcohol content if he operates a motor vehicle with eight-hundredths of one per cent or more by weight of alcohol in his blood.

(c) Definition. As used in subsections (a) and (b) above the terms "drive" or "operate" mean physically driving or operating a motor vehicle.

(d) Per cent by weight of alcohol, defined. As used herein, the term "percent by weight of alcohol" shall have the same meaning as provided by state law, in RSMo 577.012.

(e) Implied consent. Any person who operates a motor vehicle shall be deemed to have given consent to a chemical test or tests of his breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of his blood. Such tests shall be performed according to the provisions of state law, in RSMo 577.020 through 577.041.

(f) Procedure on arrest. Any arrest for driving while intoxicated shall be handled as any other arrest for an offense of the same severity, except as follows:

(1) As soon as practicable following such arrest, the police department shall obtain the driving record of the person arrested.

(2) No person who has a prior conviction for driving while intoxicated or driving with excessive blood alcohol content within three years of the date of the present alleged offense shall be prosecuted through the municipal court until after the state prosecuting attorney shall have had the opportunity to review the case and to consider filing appropriate state charges.

(3) No person, regardless of his prior conviction record, shall be prosecuted through the municipal court where it appears possible that a charge of involuntary manslaughter (RSMo 565.024) might be sustained, until after the state prosecuting attorney shall have had the opportunity to review the case and to consider filing appropriate charges.

(4) In all other cases, the city prosecuting attorney shall have the discretion to file the appropriate charge with the municipal court or he may refer the case to the state prosecuting official.

(5) The procedures described herein shall be directory and not mandatory. The failure to follow the procedures provided for in this section shall not invalidate any prosecution or be cause to overturn any conviction for violations under the provisions above set forth.

(g) Chemical test results admitted into evidence. Upon the trial of any person for violation of any of the provisions of section 12-3, 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 was eight-hundredths of one per cent 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.

(1) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

(2) 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.

(3) 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 1 of this section, shall have been performed as provided in sections 577.020 to 577.041 and in accordance with methods and standards approved by the State Department of Health.

(4) Any charge alleging a violation of section 12-3 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 and rules promulgated thereunder by the state department of health demonstrate that there was less than eight-hundredths of one percent of alcohol in the defendant's blood unless one or more of the following considerations cause the court to find a dismissal unwarranted:

a. 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; b. There is evidence that the defendant was under the influence of a controlled substance, or drug, or combination of either or both with or without alcohol; or c. there is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant.

(h) Driving school. Effective January 1, 1984, the municipal court may, in connection with the disposition of any offense which is a "point offense" resulting in the assessment of points by the state director of revenue under the provisions of points by the state director of revenue under the provisions of RSMo 302.302(1), (2) or (4) of subsection 1, order the staying of the assessment of points upon satisfactory completion of a driver improvement program approved by the state director of the Department of Public Safety, as provided by RSMo 302.302, subsection 5.

(i) Penalty.

(1) Any person convicted of driving while intoxicated shall be fined not less than $100.00 nor more than $500.00, confined in the city jail for not more than 90 days, or both such fine and confinement. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence.

(2) Any person convicted of driving with excessive blood alcohol content shall be fined not less than $100.00 nor more than $500.00, confined in the city jail for not more than 90 days, or both such fine and confinement. (3) Upon a plea of guilty or a finding of guilty for an offense of driving while intoxicated or driving with blood alcohol content, the court may (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 substance abuse traffic offender program as described in RSMo 577.049.

(4) Alcohol and drug related traffic offenses. In addition to any other penalties and costs provided by law or ordinance, the court may order any person convicted of an alcohol or drug related traffic offense to reimburse the city for the costs associated with the arrest of such person. Such cost shall include the cost of making the arrest, including the cost of any chemical test made 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. A schedule of such costs shall be established by the city police department and filed with the clerk of the municipal court and the court may impose cost in accordance with the schedule provided; the court may order the cost reduced in case if the court determines the costs are excessive.