Drunk and drugged drivers kill tens of thousands of people in the United States each year, including hundreds in Missouri. Missouri’s Implied Consent law helps patrol officers immediately remove these dangerous drivers from the streets. The following is a brief overview of a few of the law’s many requirements and procedures.
Under this law, anyone who operates a vehicle on Missouri’s public highways is deemed to have given consent to a chemical test of the person’s breath, blood, saliva, or urine to determine the alcohol or drug content of the person’s blood under certain circumstances, including:
– When an officer has arrested the person upon reasonable grounds (probable cause) to believe the person was driving while intoxicated.
– When an officer has stopped an under-21 driver, and the officer has reasonable grounds (probable cause) to believe the driver’s blood alcohol content is 0.02 percent or greater.
– When a driver was involved in an accident resulting in serious physical injury or death.
If the driver refuses to submit to testing, the police officer takes possession of the driver’s license and serves notice that the license is revoked.
When asking a driver to submit to testing, the officer must read the driver the Implied Consent law, including telling the driver:
– The reason the officer is requesting the test.
– That if the driver refuses the test, his or her license will be immediately revoked.
– That evidence of a refusal can be used against the driver.
The police officer can require a maximum of two chemical tests. For example, even if a driver performs a valid breath test that shows no impairment from alcohol, an officer can still request a blood test (which can detect whether the driver has taken other intoxicating substances in sufficient levels to cause impairment). Before requesting a second test, best practices are that the police officer should re-read the driver the Implied Consent law. If a police officer believes that more than two tests are necessary, the officer must either obtain the driver’s consent for additional testing or obtain a search warrant.
The Implied Consent law does not require the arresting officer to even mention to the driver the possibility of consulting with an attorney before deciding whether to submit to testing. However, if the driver asks to speak with an attorney, the officer must give the driver twenty minutes to attempt to contact an attorney. Missouri courts have created additional rules surrounding this twenty-minute period. Officers can avoid many problems by following this procedure:
– Always read the Implied Consent law before beginning to count the twenty minutes.
– Provide a private area for the driver to attempt to contact an attorney.
– Never end the twenty-minute period early without making sure the driver does not wish to make more attempts, even if the driver has talked to an attorney. For example, the officer can ask, “Do you want to keep making calls?”
After the twenty-minute period has expired or the officer has confirmed that the driver has abandoned further attempts to contact an attorney, the officer should always return to the key question and ask the driver, “Will you take the test?”
Missouri Revised Statutes sections 302.574, 577.020, and 577.041.
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