Missouri Revised Statutes
Chapter 577
Public Safety Offenses
←577.019
Section 577.020.1
577.020→
August 28, 2015
Beginning January 1, 2017--Chemical tests for alcohol content of blood--consent implied, when--administered, when, how--information available to person tested, contents--videotaping of chemical or field sobriety test admissible evidence.
577.020. 1. Any person who operates a vehicle upon the public
highways of this state, a vessel, or any aircraft, or acts as a flight crew
member of an aircraft shall be deemed to have given consent, subject to the
provisions of sections 577.019 to 577.041, to a chemical test or tests of
the person's breath, blood, saliva, or urine for the purpose of determining
the alcohol or drug content of the person's blood pursuant to the following
circumstances:
(1) If the person is arrested for any offense arising out of acts
which the arresting officer had reasonable grounds to believe were
committed while the person was operating a vehicle or a vessel while in an
intoxicated condition;
(2) If the person is detained for any offense of operating an
aircraft while intoxicated under section 577.015 or operating an aircraft
with excessive blood alcohol content under section 577.016;
(3) If the person is under the age of twenty-one, has been stopped by
a law enforcement officer, and the law enforcement officer has reasonable
grounds to believe that such person was operating a vehicle or a vessel
with a blood alcohol content of two-hundredths of one percent or more by
weight;
(4) If the person is under the age of twenty-one, has been stopped by
a law enforcement officer, and the law enforcement officer has reasonable
grounds to believe that such person has committed a violation of the
traffic laws of the state, or any political subdivision of the state, and
such officer has reasonable grounds to believe, after making such stop,
that such person has a blood alcohol content of two-hundredths of one
percent or greater;
(5) If the person is under the age of twenty-one, has been stopped at
a sobriety checkpoint or roadblock and the law enforcement officer has
reasonable grounds to believe that such person has a blood alcohol content
of two-hundredths of one percent or greater; or
(6) If the person, while operating a vehicle, has been involved in a
collision or accident which resulted in a fatality or a readily apparent
serious physical injury as defined in section 556.061, or has been arrested
as evidenced by the issuance of a uniform traffic ticket for the violation
of any state law or county or municipal ordinance with the exception of
equipment violations contained in chapters 306 and 307, or similar
provisions contained in county or municipal ordinances.
The test shall be administered at the direction of the law enforcement
officer whenever the person has been stopped, detained, or arrested for any
reason.
2. The implied consent to submit to the chemical tests listed in
subsection 1 of this section shall be limited to not more than two such
tests arising from the same stop, detention, arrest, incident or charge.
3. To be considered valid, chemical analysis of the person's breath,
blood, saliva, or urine shall be performed, according to methods approved
by the state department of health and senior services, by licensed medical
personnel or by a person possessing a valid permit issued by the state
department of health and senior services for this purpose.
4. The state department of health and senior services shall approve
satisfactory techniques, devices, equipment, or methods to be used in the
chemical test pursuant to the provisions of sections 577.019 to 577.041.
The department shall also establish standards to ascertain the
qualifications and competence of individuals to conduct such analyses and
issue permits which shall be subject to termination or revocation by the
state department of health and senior services.
5. The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing and
expense of the person to be tested, administer a test in addition to any
administered at the direction of a law enforcement officer. The failure or
inability to obtain an additional test by a person shall not preclude the
admission of evidence relating to the test taken at the direction of a law
enforcement officer.
6. Upon the request of the person who is tested, full information
concerning the test shall be made available to such person. Full
information is limited to the following:
(1) The type of test administered and the procedures followed;
(2) The time of the collection of the blood, breath, or urine sample
analyzed;
(3) The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
(4) The type and status of any permit which was held by the person
who performed the test;
(5) If the test was administered by means of a breath-testing
instrument, the date of the most recent maintenance of such instrument.
Full information does not include manuals, schematics, or software of the
instrument used to test the person or any other material that is not in the
actual possession of the state. Additionally, full information does not
include information in the possession of the manufacturer of the test
instrument.
7. Any person given a chemical test of the person's breath pursuant
to subsection 1 of this section or a field sobriety test may be videotaped
during any such test at the direction of the law enforcement officer. Any
such video recording made during the chemical test pursuant to this
subsection or a field sobriety test shall be admissible as evidence at any
trial of such person for a violation of any state law or county or
municipal ordinance, and at any license revocation or suspension proceeding
held pursuant to the provisions of chapter 302.
(L. 1977 S.B. 60, A.L. 1982 S.B. 513, A.L. 1983 S.B. 318 & 135, A.L.
1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 1998 S.B. 634,
A.L. 2001 H.B. 144 & 46, A.L. 2006 S.B. 872, et al., A.L. 2014
S.B. 491, A.L. 2014 H.B. 1371)
Effective 1-01-17
2017
2017
2001
2001
2017
577.020. 1. Any person who operates a vehicle upon the public
highways of this state, a vessel, or any aircraft, or acts as a flight crew
member of an aircraft shall be deemed to have given consent, subject to the
provisions of sections 577.019 to 577.041, to a chemical test or tests of
the person's breath, blood, saliva, or urine for the purpose of determining
the alcohol or drug content of the person's blood pursuant to the following
circumstances:
(1) If the person is arrested for any offense arising out of acts
which the arresting officer had reasonable grounds to believe were
committed while the person was operating a vehicle or a vessel while in an
intoxicated condition;
(2) If the person is detained for any offense of operating an aircraft
while intoxicated under section 577.015 or operating an aircraft with
excessive blood alcohol content under section 577.016;
(3) If the person is under the age of twenty-one, has been stopped by
a law enforcement officer, and the law enforcement officer has reasonable
grounds to believe that such person was operating a vehicle or a vessel
with a blood alcohol content of two-hundredths of one percent or more by
weight;
(4) If the person is under the age of twenty-one, has been stopped by
a law enforcement officer, and the law enforcement officer has reasonable
grounds to believe that such person has committed a violation of the
traffic laws of the state, or any political subdivision of the state, and
such officer has reasonable grounds to believe, after making such stop,
that such person has a blood alcohol content of two-hundredths of one
percent or greater;
(5) If the person is under the age of twenty-one, has been stopped at
a sobriety checkpoint or roadblock and the law enforcement officer has
reasonable grounds to believe that such person has a blood alcohol content
of two-hundredths of one percent or greater; or
(6) If the person, while operating a vehicle, has been involved in a
collision or accident which resulted in a fatality or a readily apparent
serious physical injury as defined in section 565.002, or has been arrested
as evidenced by the issuance of a uniform traffic ticket for the violation
of any state law or county or municipal ordinance with the exception of
equipment violations contained in chapters 306 and 307, or similar
provisions contained in county or municipal ordinances.
The test shall be administered at the direction of the law enforcement
officer whenever the person has been stopped, detained, or arrested for any
reason.
2. The implied consent to submit to the chemical tests listed in
subsection 1 of this section shall be limited to not more than two such
tests arising from the same stop, detention, arrest, incident or charge.
3. To be considered valid, chemical analysis of the person's breath,
blood, saliva, or urine shall be performed, according to methods approved
by the state department of health and senior services, by licensed medical
personnel or by a person possessing a valid permit issued by the state
department of health and senior services for this purpose.
4. The state department of health and senior services shall approve
satisfactory techniques, devices, equipment, or methods to be used in the
chemical test pursuant to the provisions of sections 577.019 to 577.041.
The department shall also establish standards to ascertain the
qualifications and competence of individuals to conduct such analyses and
issue permits which shall be subject to termination or revocation by the
state department of health and senior services.
5. The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing and
expense of the person to be tested, administer a test in addition to any
administered at the direction of a law enforcement officer. The failure or
inability to obtain an additional test by a person shall not preclude the
admission of evidence relating to the test taken at the direction of a law
enforcement officer.
6. Upon the request of the person who is tested, full information
concerning the test shall be made available to such person. Full
information is limited to the following:
(1) The type of test administered and the procedures followed;
(2) The time of the collection of the blood, breath, or urine sample
analyzed;
(3) The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
(4) The type and status of any permit which was held by the person
who performed the test;
(5) If the test was administered by means of a breath-testing
instrument, the date of the most recent maintenance of such instrument.
Full information does not include manuals, schematics, or software of the
instrument used to test the person or any other material that is not in the
actual possession of the state. Additionally, full information does not
include information in the possession of the manufacturer of the test
instrument.
7. Any person given a chemical test of the person's breath pursuant
to subsection 1 of this section or a field sobriety test may be videotaped
during any such test at the direction of the law enforcement officer. Any
such video recording made during the chemical test pursuant to this
subsection or a field sobriety test shall be admissible as evidence at any
trial of such person for a violation of any state law or county or
municipal ordinance, and at any license revocation or suspension proceeding
held pursuant to the provisions of chapter 302.
2017
577.020. 1. Any person who operates a vehicle upon the public
highways of this state, a vessel, or any aircraft, or acts as a flight crew
member of an aircraft shall be deemed to have given consent, subject to the
provisions of sections 577.019 to 577.041, to a chemical test or tests of
the person's breath, blood, saliva, or urine for the purpose of determining
the alcohol or drug content of the person's blood pursuant to the following
circumstances:
(1) If the person is arrested for any offense arising out of acts
which the arresting officer had reasonable grounds to believe were
committed while the person was operating a vehicle or a vessel while in an
intoxicated condition;
(2) If the person is detained for any offense of operating an aircraft
while intoxicated under section 577.015 or operating an aircraft with
excessive blood alcohol content under section 577.016;
(3) If the person is under the age of twenty-one, has been stopped by
a law enforcement officer, and the law enforcement officer has reasonable
grounds to believe that such person was operating a vehicle or a vessel
with a blood alcohol content of two-hundredths of one percent or more by
weight;
(4) If the person is under the age of twenty-one, has been stopped by
a law enforcement officer, and the law enforcement officer has reasonable
grounds to believe that such person has committed a violation of the
traffic laws of the state, or any political subdivision of the state, and
such officer has reasonable grounds to believe, after making such stop,
that such person has a blood alcohol content of two-hundredths of one
percent or greater;
(5) If the person is under the age of twenty-one, has been stopped at
a sobriety checkpoint or roadblock and the law enforcement officer has
reasonable grounds to believe that such person has a blood alcohol content
of two-hundredths of one percent or greater; or
(6) If the person, while operating a vehicle, has been involved in a
collision or accident which resulted in a fatality or a readily apparent
serious physical injury as defined in section 565.002, or has been arrested
as evidenced by the issuance of a uniform traffic ticket for the violation
of any state law or county or municipal ordinance with the exception of
equipment violations contained in chapters 306 and 307, or similar
provisions contained in county or municipal ordinances.
The test shall be administered at the direction of the law enforcement
officer whenever the person has been stopped, detained, or arrested for any
reason.
2. The implied consent to submit to the chemical tests listed in
subsection 1 of this section shall be limited to not more than two such
tests arising from the same stop, detention, arrest, incident or charge.
3. To be considered valid, chemical analysis of the person's breath,
blood, saliva, or urine shall be performed, according to methods approved
by the state department of health and senior services, by licensed medical
personnel or by a person possessing a valid permit issued by the state
department of health and senior services for this purpose.
4. The state department of health and senior services shall approve
satisfactory techniques, devices, equipment, or methods to be used in the
chemical test pursuant to the provisions of sections 577.019 to 577.041.
The department shall also establish standards to ascertain the
qualifications and competence of individuals to conduct such analyses and
issue permits which shall be subject to termination or revocation by the
state department of health and senior services.
5. The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing and
expense of the person to be tested, administer a test in addition to any
administered at the direction of a law enforcement officer. The failure or
inability to obtain an additional test by a person shall not preclude the
admission of evidence relating to the test taken at the direction of a law
enforcement officer.
6. Upon the request of the person who is tested, full information
concerning the test shall be made available to such person. Full
information is limited to the following:
(1) The type of test administered and the procedures followed;
(2) The time of the collection of the blood, breath, or urine sample
analyzed;
(3) The numerical results of the test indicating the alcohol content
of the blood and breath and urine;
(4) The type and status of any permit which was held by the person
who performed the test;
(5) If the test was administered by means of a breath-testing
instrument, the date of the most recent maintenance of such instrument.
Full information does not include manuals, schematics, or software of the
instrument used to test the person or any other material that is not in the
actual possession of the state. Additionally, full information does not
include information in the possession of the manufacturer of the test
instrument.
7. Any person given a chemical test of the person's breath pursuant
to subsection 1 of this section or a field sobriety test may be videotaped
during any such test at the direction of the law enforcement officer. Any
such video recording made during the chemical test pursuant to this
subsection or a field sobriety test shall be admissible as evidence at any
trial of such person for a violation of any state law or county or
municipal ordinance, and at any license revocation or suspension proceeding
held pursuant to the provisions of chapter 302.
2001
577.020. 1. Any person who operates a motor vehicle upon the public
highways of this state shall be deemed to have given consent to, subject to
the provisions of sections 577.020 to 577.041, a chemical test or tests of the
person's breath, blood, saliva or urine for the purpose of determining the
alcohol or drug content of the person's blood pursuant to the following
circumstances:
(1) If the person is arrested for any offense arising out of acts which
the arresting officer had reasonable grounds to believe were committed while
the person was driving a motor vehicle while in an intoxicated or drugged
condition; or
(2) If the person is under the age of twenty-one, has been stopped by a
law enforcement officer, and the law enforcement officer has reasonable
grounds to believe that such person was driving a motor vehicle with a blood
alcohol content of two-hundredths of one percent or more by weight; or
(3) If the person is under the age of twenty-one, has been stopped by a
law enforcement officer, and the law enforcement officer has reasonable
grounds to believe that such person has committed a violation of the traffic
laws of the state, or any political subdivision of the state, and such officer
has reasonable grounds to believe, after making such stop, that such person
has a blood alcohol content of two-hundredths of one percent or greater;
(4) If the person is under the age of twenty-one, has been stopped at a
sobriety checkpoint or roadblock and the law enforcement officer has
reasonable grounds to believe that such person has a blood alcohol content of
two-hundredths of one percent or greater;
(5) If the person, while operating a motor vehicle, has been involved in
a motor vehicle collision which resulted in a fatality or a readily apparent
serious physical injury as defined in section 565.002, RSMo, and has been
arrested as evidenced by the issuance of a uniform traffic ticket for the
violation of any state law or county or municipal ordinance with the exception
of equipment violations contained in chapter 306, RSMo, or similar provisions
contained in county or municipal ordinances; or
(6) If the person, while operating a motor vehicle, has been involved in
a motor vehicle collision which resulted in a fatality.
The test shall be administered at the direction of the law enforcement officer
whenever the person has been arrested or stopped for any reason.
2. The implied consent to submit to the chemical tests listed in
subsection 1 of this section shall be limited to not more than two such tests
arising from the same arrest, incident or charge.
3. Chemical analysis of the person's breath, blood, saliva, or urine to
be considered valid pursuant to the provisions of sections 577.020 to 577.041
shall be performed according to methods approved by the state department of
health and senior services by licensed medical personnel or by a person
possessing a valid permit issued by the state department of health and senior
services for this purpose.
4. The state department of health and senior services shall approve
satisfactory techniques, devices, equipment, or methods to be considered valid
pursuant to the provisions of sections 577.020 to 577.041 and shall establish
standards to ascertain the qualifications and competence of individuals to
conduct analyses and to issue permits which shall be subject to termination or
revocation by the state department of health and senior services.
5. The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing and
expense of the person to be tested, administer a test in addition to any
administered at the direction of a law enforcement officer. The failure or
inability to obtain an additional test by a person shall not preclude the
admission of evidence relating to the test taken at the direction of a law
enforcement officer.
6. Upon the request of the person who is tested, full information
concerning the test shall be made available to such person.
7. Any person given a chemical test of the person's breath pursuant to
subsection 1 of this section or a field sobriety test may be videotaped during
any such test at the direction of the law enforcement officer. Any such video
recording made during the chemical test pursuant to this subsection or a field
sobriety test shall be admissible as evidence at either any trial of such
person for either a violation of any state law or county or municipal
ordinance, or any license revocation or suspension proceeding pursuant to the
provisions of chapter 302, RSMo.
2001
577.020. 1. Any person who operates a motor vehicle upon the public
highways of this state shall be deemed to have given consent to, subject to
the provisions of sections 577.020 to 577.041, a chemical test or tests of
the person's breath, blood, saliva or urine for the purpose of determining
the alcohol or drug content of the person's blood pursuant to the following
circumstances:
(1) If the person is arrested for any offense arising out of acts
which the arresting officer had reasonable grounds to believe were
committed while the person was driving a motor vehicle while in an
intoxicated or drugged condition; or
(2) If the person is under the age of twenty-one, has been stopped by
a law enforcement officer, and the law enforcement officer has reasonable
grounds to believe that such person was driving a motor vehicle with a
blood alcohol content of two-hundredths of one percent or more by weight;
or
(3) If the person is under the age of twenty-one, has been stopped by
a law enforcement officer, and the law enforcement officer has reasonable
grounds to believe that such person has committed a violation of the
traffic laws of the state, or any political subdivision of the state, and
such officer has reasonable grounds to believe, after making such stop,
that such person has a blood alcohol content of two-hundredths of one
percent or greater;
(4) If the person is under the age of twenty-one, has been stopped at
a sobriety checkpoint or roadblock and the law enforcement officer has
reasonable grounds to believe that such person has a blood alcohol content
of two-hundredths of one percent or greater;
(5) If the person, while operating a motor vehicle, has been involved
in a motor vehicle collision which resulted in a fatality or a readily
apparent serious physical injury as defined in section 565.002, RSMo, and
has been arrested as evidenced by the issuance of a uniform traffic ticket
for the violation of any state law or county or municipal ordinance with
the exception of equipment violations contained in chapter 306, RSMo, or
similar provisions contained in county or municipal ordinances; or
(6) If the person, while operating a motor vehicle, has been involved
in a motor vehicle collision which resulted in a fatality.
The test shall be administered at the direction of the law enforcement
officer whenever the person has been arrested or stopped for any reason.
2. The implied consent to submit to the chemical tests listed in
subsection 1 of this section shall be limited to not more than two such
tests arising from the same arrest, incident or charge.
3. Chemical analysis of the person's breath, blood, saliva, or urine
to be considered valid pursuant to the provisions of sections 577.020 to
577.041 shall be performed according to methods approved by the state
department of health by licensed medical personnel or by a person
possessing a valid permit issued by the state department of health for this
purpose.
4. The state department of health shall approve satisfactory
techniques, devices, equipment, or methods to be considered valid pursuant
to the provisions of sections 577.020 to 577.041 and shall establish
standards to ascertain the qualifications and competence of individuals to
conduct analyses and to issue permits which shall be subject to termination
or revocation by the state department of health.
5. The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing and
expense of the person to be tested, administer a test in addition to any
administered at the direction of a law enforcement officer. The failure or
inability to obtain an additional test by a person shall not preclude the
admission of evidence relating to the test taken at the direction of a law
enforcement officer.
6. Upon the request of the person who is tested, full information
concerning the test shall be made available to such person.
7. Any person given a chemical test of the person's breath pursuant
to subsection 1 of this section or a field sobriety test may be videotaped
during any such test at the direction of the law enforcement officer. Any
such video recording made during the chemical test pursuant to this
subsection or a field sobriety test shall be admissible as evidence at
either any trial of such person for either a violation of any state law or
county or municipal ordinance, or any license revocation or suspension
proceeding pursuant to the provisions of chapter 302, RSMo.
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