Refusal to consent to test, effect
If someone refuses a drug or alcohol test after a law enforcement officer asks for one while driving a commercial truck or bus, that refusal can be used as evidence against them in court. The officer warns the person that refusing means they get pulled off the road for 24 hours right away, and they lose their commercial driving license for at least 1 year for a first refusal, or for life if they have refused before. A person can ask a court to review the decision, but the court only looks at two things: did the officer have good reason to think the driver had alcohol in their system, and did the person actually refuse the test.
302.750. Refusal to to test, effect — procedures — allowed, when. — 1. If a person refuses, upon the request of a section 302.745, to submit to any test allowed under that section, evidence of the refusal shall be in any to determine whether a person was operating a while under the influence of alcohol or . In this event, the officer shall make a to the that he or she requested a test pursuant to section 302.745 and that the person refused to submit to such testing.
2. A person requested to submit to a test as provided by section 302.745 shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person being immediately placed for a period of twenty-four hours and being from operating a commercial motor vehicle for a period of not less than one year if for a first refusal to submit to the test and for life if for a second or subsequent refusal to submit to the test. The director may , in accordance with established by the , under which a for life under this section may be reduced to a period of not less than ten years.
3. Upon receipt of the sworn report of a law enforcement officer submitted under 1 of this section, the director shall the driver from operating a commercial motor vehicle.
4. If a person has been disqualified from operating a commercial motor vehicle because of his refusal to submit to a , he or she may request a hearing before a in the county in which the request was made. Upon his or her request, the shall notify the of the county and the shall appear at the hearing on behalf of the officer. At the hearing the judge shall determine only:
(1) Whether or not the law enforcement officer had to believe that the person was driving a commercial motor vehicle with any amount of alcohol in his or her system;
(2) Whether or not the person refused to submit to the test.
5. If the judge any issues not to be in the , he or she shall the director to the to operate a commercial motor vehicle.
6. Requests for as herein provided shall go to the head of the of the court wherein filed.
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Source & history notes
(L. 1989 1st Ex. Sess. H.B. 3, A.L. 2010 H.B. 1695, et al., 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.