Chemical tests, results admitted into evidence, when, effect of
When someone is charged with a crime involving drunk driving a car, boat, or plane, a chemical test of their blood, breath, saliva, or urine can be used as evidence in court. If the test shows a blood alcohol level of 0.08% or more, that is treated as strong proof the person was drunk. If the test shows less than 0.08%, the charge usually gets dropped — unless the test seems unreliable, the person may have been on drugs, or witnesses saw signs of being drunk. The test must have been done the right way following state health department rules.
577.037. Chemical tests, results admitted into evidence, when, effect of. — 1. Upon the trial of any person for any criminal or violations of county or , or in any or the of chapter 302, arising out of acts alleged to have been committed by any person while operating a vehicle, , or aircraft, or acting as a flight crew member of any aircraft, while in an or with an , the amount of alcohol in the person's blood at the time of the act, as shown by any 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 .
2. If a chemical analysis of the 's breath, blood, saliva, or urine demonstrates there was eight-hundredths of one percent or more of alcohol in the person's blood, this shall be that the person was at the time the was taken. If a chemical analysis of the defendant's breath, blood, saliva, or urine demonstrates that there was less than eight-hundredths of one percent of alcohol in the defendant's blood, any charge alleging a criminal offense related to the operation of a vehicle, vessel, or aircraft while in an intoxicated condition shall be unless one or more of the following considerations cause the court to find a dismissal :
(1) There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the due to the of time between the alleged violation and the obtaining of the specimen;
(2) There is evidence that the defendant was under the influence of a , or drug, or a combination of either or both with or without alcohol; or
(3) There is of intoxication from physical observations of witnesses or admissions of the defendant.
3. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of breath.
4. The foregoing provisions of this section shall not be as limiting the introduction of any other bearing upon the question of whether the person was intoxicated.
5. A chemical analysis of a person's breath, blood, saliva or urine, in to give rise to the or to have the effect provided for in 2 of this section, shall have been performed as provided in sections 577.020 to 577.041 and in accordance with methods and standards approved by the state .
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Source & history notes
(L. 1982 S.B. 513, A.L. 1983 S.B. 318 & 135, A.L. 1988 H.B. 1242 Revision, A.L. 1993 S.B. 167 merged with S.B. 180, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371, A.L. 2016 H.B. 2332) Effective 1-01-17
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