MISSOURI IMPLIED CONSENT LAW FOR CHEMICAL
TESTING IN
DWI / DUI / BAC CASES
Under Missouri's Implied Consent law, RSMo. 577.020, every
driver who operates a motor vehicle in the State of Missouri
by law has given implied consent to giving a blood, breath,
saliva or urine sample to determine the alcohol content of
their blood if arrested upon reasonable grounds to believe
they were driving a motor vehicle while in an intoxicated
or drugged condition.
The standard used is 0.08% BAC for adults
over the age of 21; 0.02% for people Under 21. Under the law,
you are presumed to know your rights concerning such testing,
and give consent to such tests for the privilege of driving.
While the arresting officer under the statute has the right
to ask you to perform two types of these tests as opposed
to just a breath test, this rarely happens.
What is important
is the driver does not get to choose the type of test. If
he asks for a blood test, you cannot ask for a breath test
because "you do not like needles."
Similarly, if
he requests a breath test, you do not have the right to request
a blood test in place of the breath test if you don't believe
the results of a breath test are valid. However, there are
rights you have that they do not have to tell you about but
that they must give you if you are educated enough on the
issues to ask for them.
For instance, you do not get to choose what type of test
for which you are initially going to give your consent, i.e.-if
they ask for a breath test you do not get to substitute that
breath test with a blood test.
However, you do have the right
if you consent and take the initial breath test to an independent
test at your own expense. Of course, they do not have to tell
you of this right, and I have not had a single client who
has yet exercised this right, but it exists!!
The police probably
do not have to transport you to a hospital for the independent
test, but there is no question they have to allow you access
to someone who can give you the test if you are knowledgeable
enough to have someone who can help you when you need it.
You also have the right to 20 minutes to speak with an attorney
in Missouri for advice on whether or not you should consent
to a chemical test or refuse it.
They also do not have to
advise you of this right…. Know your rights and exercise
them!
Put the number of a known DWI attorney into your cellular
phone so you may contact them when you need it. Our office
may be reached at 866-DWI-MATT 24 hours a day for advice on
whether you should consent to a chemical test. Be sure to
also ask your attorney about making arrangements for your
independent chemical test.
If you get an independent blood
test, they can often be used to refute an unreliable breath
test if taken soon thereafter.
