Missouri Revised Statutes













Chapter 306

Watercraft Regulation and Licensing--Water Patrol Division

←306.114

Section 306.114.2

306.115→

August 28, 2015

Until December 31, 2016--Grant of suspended imposition of sentence, requirements--validity of chemical tests--restrictions upon withdrawal of blood, procedure, no civil liability.

306.114. 1. No person convicted of or pleading guilty to a violation of

section 306.111 or 306.112 shall be granted a suspended imposition of

sentence, unless such person is placed on probation for a minimum of two

years and a record of the conviction or plea of guilty is entered into the

records of the Missouri uniform law enforcement system maintained by the

Missouri state highway patrol.



2. Chemical tests of a person's blood, breath, urine, or saliva to be

considered valid under the provisions of sections 306.111 to 306.119 shall be

performed according to methods and devices approved by the department of

health and senior services by licensed medical personnel or by a person

possessing a valid permit issued by the department of health and senior

services for this purpose. In addition, any state, county, or municipal law

enforcement officer who is certified pursuant to chapter 590 may, prior to

arrest, administer a portable chemical test to any person suspected of

operating any vessel in violation of section 306.111 or 306.112. A portable

chemical test shall be admissible as evidence of probable cause to arrest and

as exculpatory evidence, but shall not be admissible as evidence of blood

alcohol content. The provisions of section 306.116 shall not apply to a test

administered prior to arrest pursuant to this section.



3. The department of health and senior services shall approve

satisfactory techniques, devices, equipment, or methods to conduct tests

required by sections 306.111 to 306.119, and shall establish standards as to

the qualifications and competence of individuals to conduct analyses and to

issue permits which shall be subject to termination, suspension or revocation

by the department of health and senior services.



4. A licensed physician, registered nurse, or trained medical technician,

acting at the request and direction of a law enforcement officer, shall

withdraw blood for the purpose of determining the alcohol content of the

blood, unless the medical personnel, in the exercise of good faith medical

judgment, believes such procedure would endanger the life or health of the

person in custody. Blood may be withdrawn only by such medical personnel,

but such restriction shall not apply to the taking of a breath test or a

urine or saliva specimen. In withdrawing blood for the purpose of determining

the alcohol content in the blood, only a previously unused and sterile needle

and sterile vessel shall be used and the withdrawal shall otherwise be in

strict accord with accepted medical practices. Upon the request of the

person who is tested, full information concerning the test taken at the

direction of the law enforcement officer shall be made available to such

person.



5. No person who administers any test pursuant to the provisions of

sections 306.111 to 306.119 upon the request of a law enforcement officer, no

hospital in or with which such person is employed or is otherwise associated

or in which such test is administered, and no other person, firm, or

corporation by whom or with which such person is employed or is in any way

associated shall be civilly liable for damages to the person tested, except

for negligence in administering of the test or for willful and wanton acts or

omissions.



6. Any person who is dead, unconscious or who is otherwise in a condition

rendering such person incapable of refusing to take a test as provided in

sections 306.111 to 306.119 shall be deemed not to have withdrawn the consent

provided by section 306.116 and the test or tests may be administered.



(L. 1993 S.B. 167, A.L. 2004 H.B. 841, A.L. 2005 H.B. 353, A.L. 2008

H.B. 1715)



*This section was repealed by S.B. 491, 2014, effective 1-01-17. Due

to the delayed repeal date, the version of this section in effect

until 12-31-16 is printed here.







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