§ 15-154. Presumptions of intoxication.

(a)

Upon trial of any violation of section 15-152 or 15-153 arising out of acts alleged to have been committed by a person while driving a motor vehicle while intoxicated or with blood alcohol content of eight-one hundredths of one (1) percent or more by weight, the amount of alcohol in the person's blood at the time of the act alleged as shown by chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence. Such evidence shall be given the following effect, and the provisions of subdivision (5) of RSMo. § 491.060 shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there was eight-one hundredths of one (1) percent 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.

(b)

As used in this article, 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.

(c)

The forgoing 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.

(d)

The charge alleging driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva, or urine performed in accordance with RSMo. sections 577.020 to 577.041 and rules promulgated thereunder by the state division of health demonstrate that there was less than eight-one hundredths of one (1) percent of alcohol in the defendant's blood unless one (1) or more of the following considerations cause the court to find a dismissal unwarranted:

(1)

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;

(2)

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

(3)

There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant.

(Code 1974, § 13-10.3; Ord. No. 11527, § 2, 10-1-2001; Ord. No. 11775, § 2, 9-20-2006)

State law reference

Similar provisions, RSMo. § 577.037