If a person is dead, unconscious, or otherwise unable to say no to a chemical test (like a blood or breath test), the law treats that person as if they never refused the test. The test can still be given.
577.033. Inability of person to be tested to refuse, effect. — Any person who is dead, unconscious or who is otherwise in a condition rendering him incapable of refusing to take a test as provided in sections 577.020 to 577.041 shall be not to have withdrawn the provided by section 577.020 and the test or tests may be administered.
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Source & history notes
(L. 1982 S.B. 513)
Related Missouri laws
Persons administering tests not liable, when
RSMo 577.031
Blood alcohol content tests, how made, by whom, when
RSMo 577.029
Chemical tests, results admitted into evidence, when, effect of
RSMo 577.037
Negligent operation of a vessel
RSMo 577.025
Refusal to submit to chemical test
RSMo 577.041
Unlawful use of water skis and surfboards
RSMo 577.024
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.