Blood alcohol content tests, how made, by whom, when
When a police officer asks for a blood test to check someone's alcohol level, only certain trained medical workers (like a doctor, nurse, or lab tech) can do the blood draw. They need either the person's permission or a court order before drawing blood. If the medical worker honestly believes drawing blood would hurt the person, they do not have to do it. Only clean, unused needles and containers can be used. Breath tests, saliva tests, and urine tests do not have to be done by those same medical workers. If someone gets tested, they have the right to see all the information about that test.
577.029. tests, how made, by whom, when — person tested to receive certain , when. — A , nurse, , or trained medical technician, acting at the request and direction of the under section 577.020, shall, with the of the patient or a issued by a , withdraw blood for the purpose of determining the alcohol content of the blood, unless such medical personnel, in his or her , believes such procedure would endanger the life or health of the person in . Blood may be withdrawn only by such medical personnel, but such restriction shall not apply to the taking of a breath test, a saliva , or a urine specimen. In withdrawing blood for the purpose of determining the alcohol content thereof, only a previously unused and sterile needle and sterile shall be utilized and the withdrawal shall otherwise be in strict accord with accepted medical practices. Upon the request of the person who is tested, full information concerning the test taken at the direction of the law enforcement officer shall be made available to him or her.
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Source & history notes
(L. 1982 S.B. 513, A.L. 2007 H.B. 574, A.L. 2009 H.B. 62, A.L. 2014 S.B. 491, A.L. 2018 S.B. 870 merged with S.B. 951)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.