§ 23-156. Driving with excessive blood alcohol content.

(a)

A person commits the offense of driving with excessive blood alcohol content if he operates a vehicle with eight-hundredths (.08) of one (1) percent or more by weight of alcohol in his blood or a commercial motor vehicle while having four one-hundredths (.04) of one (1) percent or more by weight of alcohol in his 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) millimeters 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 RSMo sections 577.020 to 577.041.

(c)

Driving with excessive blood alcohol content is a misdemeanor.

(d)

In this section:

(1)

Drive, driving, operates or operating means physically driving or operating a vehicle or vessel.

(2)

Intoxicated condition means under the influence of alcohol, a controlled substance, or drug, or any combination thereof.

(Code 1977, §§ 305.140, 305.142; Ord. No. 01-88, § I, 9-25-2001; Ord. No. 17-20, § 1, 6-13-17)

State law reference

Similar provisions, RSMo 577.001, 577.012.

Cross reference

Public possession of alcohol, § 3-3.