Chemical testing authorized
A certified police officer can give someone a chemical test (like a breathalyzer) before making an arrest if they think that person was driving drunk. If there was a crash where someone died or got seriously hurt, the officer is required to try to give that test. The test results can be used to show there was a good reason to arrest someone, or to help prove someone was not drunk, but the results cannot be used to show exactly how much alcohol was in their blood.
577.021. — reasonable efforts to test required — . — 1. Any state, county or who is chapter 590 may, prior to , a to any person suspected of operating a vehicle, , or aircraft or acting as a flight crew member of an aircraft while in an or with an .
2. Any state, county, or municipal law enforcement officer who is certified under chapter 590 shall make all reasonable efforts to administer a chemical test to any person suspected of operating a vehicle or vessel involved in a or accident which resulted in a or as defined in section 556.061.
3. A test administered pursuant to this section shall be of to arrest and as , but shall not be admissible as evidence of . The of sections 577.019 and 577.020 shall not apply to a test administered prior to arrest pursuant to this section.
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Source & history notes
(L. 1993 S.B. 167, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38, A.L. 2006 S.B. 872, et al., A.L. 2014 S.B. 491) Effective 1-01-17 (2023) Numerical result of a preliminary breath test is admissible for the purpose of establishing probable cause, required to be proven by the director of revenue to suspend or revoke a driver's license under section 302.515. Wilmoth v. Director of Revenue, 669 S.W.3d 102 (Mo.banc).
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.