Arresting officer to serve notice of suspension or revocation, when
When someone is arrested and a breath or blood test shows they had a blood alcohol level of 0.08% or more (or 0.02% or more if they are under 21), the arresting officer takes their driver's license right then and there. The officer gives the person a temporary paper permit that works for 15 days, plus a written notice explaining their rights. That notice includes a form the person can sign and mail to request a hearing to fight the suspension.
302.520. Arresting officer to serve notice of or , when — to possess , , give written notice of driver's rights and responsibilities — for . — 1. Whenever the results are available to the while the arrested person is in , and where the results show an of eight-hundredths of one percent or more of alcohol in such person's blood or where such person is less than twenty-one years of age and the results show that there is two-hundredths of one percent or more of alcohol in the person's blood, the officer, acting on behalf of the , shall serve the notice of suspension or revocation personally on the arrested person.
2. When the law enforcement officer serves the notice of suspension or revocation, the officer shall take possession of any driver's license issued by this state which is held by the person. When the officer takes possession of a valid driver's license issued by this state, the officer, acting on behalf of the department, shall issue a temporary permit which is valid for fifteen days after its date of and shall also give the person arrested a notice which shall inform the person of all rights and responsibilities sections 302.500 to 302.540. The notice shall be in such form so that the arrested person may the original as evidence of receipt thereof. The notice shall also contain a detachable form ting the arrested person to request a hearing. Signing the hearing request form and mailing such request to the department shall constitute a formal application for a hearing.
3. A copy of the completed notice of suspension or revocation form, a copy of any completed temporary permit form, a copy of the notice of rights and responsibilities given to the arrested person, including any request for hearing, and any driver's license taken into possession pursuant to this section shall be forwarded to the department by the officer along with the report required in section 302.510.
4. The department shall provide forms for notice of suspension or revocation, for notice of rights and responsibilities, for request for a hearing and for temporary permits to law agencies.
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Source & history notes
(L. 1983 S.B. 318 & 135 § 6, A.L. 1984 S.B. 608 & 681, A.L. 1991 S.B. 125 & 341, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38) Effective 9-29-01
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.