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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