Chemical tests, requirements
Someone who drives a big commercial truck or vehicle in Missouri is considered to have already agreed to take a breath, blood, saliva, or urine test if a police officer has reason to think they had any alcohol or drugs in their system while driving. A person can only be asked to take up to two tests from the same stop or incident. The test results can be used as evidence in court.
302.745. s, requirements — given, limits — use as evidence, test results. — 1. All chemical tests required herein for the of sections 302.700 to 302.780 shall be conducted using the same procedures, methods, waivers of , persons and facilities as those described in chapter 577 except as provided in sections 302.700 to 302.780. Nothing contained in chapter 577 shall be to require a person to be placed under prior to his or her being requested to submit to a chemical test under this section.
2. A person who drives a within this state is to have given , subject to the of this section, to a chemical test or tests of his or her breath, blood, saliva or urine for the purpose of determining his , or the presence of in his or her system.
3. A test or tests may be administered for the purposes of enforcing sections 302.700 to 302.780, at the direction of a , who has reason to believe that the driver was driving a commercial motor vehicle while having any amount of alcohol or controlled substances in his or her system.
4. The implied consent to submit to the chemical tests listed in 2 of this section shall be limited to not more than two such tests arising from the same arrest, stop, incident, or charge.
5. Upon the request of a person who is tested, full concerning the test shall be made available to him or her.
6. Upon the trial of any person for violation of this section or upon the trial of any or violations of county or arising out of acts alleged to have been committed by any person while driving a commercial motor vehicle under the influence of alcohol or controlled substances, the amount of alcohol or in the person's blood at the time of the act alleged as shown by of the person's blood, breath, saliva or urine is and the provisions of (5) of section 491.060 shall not prevent the or introduction of such evidence, if otherwise . Nothing contained in this section shall be construed as limiting the introduction of any other bearing upon the question whether the person was operating a commercial motor vehicle while under the influence of alcohol or controlled substances.
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Source & history notes
(L. 1989 1st Ex. Sess. H.B. 3, A.L. 2014 S.B. 491) Effective 1-01-17
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.