Missouri Revised Statutes
Chapter 306
Watercraft Regulation and Licensing--Water Patrol Division
Effective 1-01-17
2005
2004
1993
2005
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, RSMo,
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 Blood may be withdrawn only by such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. A nonalcoholic antiseptic shall be used for cleansing the skin
prior to a venapuncture. 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.
2004
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, 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, RSMo,
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 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. A
nonalcoholic antiseptic shall be used for cleansing the skin prior to a
venapuncture. 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 him.
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 him 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.
1993
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, 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.
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 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. A nonalcoholic antiseptic shall be used for
cleansing the skin prior to a venapuncture. 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 him.
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 him 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.
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