§ 340.200. Driving While Intoxicated, Generally — Breath Test For Determining Alcoholic Content Of Blood., Chapter 340. Miscellaneous Driving Rules, Traffic Code, Code of Ordinances, Blue Springs

It shall be unlawful for any person who is under the influence of alcohol, a controlled substance, or drug, or any combination thereof to drive any vehicle.

[Ord. No. 4638 § 16, 12-19-2016]

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

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 this Section and standards approved by the State Department of Health, a chemical test or tests of their breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of their 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 while 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.

Chemical analysis of the person's breath, blood, saliva, or urine to be considered valid under the provisions of this Section 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.

The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of their own choosing and at their 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 submits to a chemical test at the request of a Law Enforcement Officer, full information concerning the test shall be made available to them.

Every person who is convicted of driving a vehicle while under the influence of intoxicating liquor or narcotic drugs shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment not exceeding six (6) months, or by both said fine and imprisonment.

Cross Reference: See Ch. 600, Alcoholic Beverages.