Missouri Revised Statutes
Chapter 577
Public Safety Offenses
←577.020
Section 577.020.2
577.021→
August 28, 2015
Until December 31, 2016--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 motor vehicle upon the public
highways of this state shall be deemed to have given consent to, subject to
the provisions of sections 577.019 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, 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 chapter 306, 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 or serious physical
injury as defined in section 565.002.
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 577.019 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 577.019 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. 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 or breath sample or urine
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 performance of the most recent required 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 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.
(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.)
*This section was amended by S.B. 491 and further amended by H.B.
1371, 2014, effective 1-01-17. Due to the delayed effective
date, both versions of this section are printed here.
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