577.020. Chemical tests for alcohol content of blood — consent implied, when — administered, when, how — information available to person tested, contents — videotaping of chemical or field sobriety test admissible evidence.
You automatically agree to alcohol or drug testing if you’re pulled over in Missouri
If you drive a car, boat, or aircraft in Missouri, the law says you’ve already agreed to take a chemical test for alcohol or drugs in certain situations. These tests must follow strict rules and may be used as evidence in court.
1. You’re considered to have agreed to testing (breath, blood, saliva, or urine) if any of these happen:
- You’re arrested for an offense and the officer thinks you were driving or boating while intoxicated;
- You’re detained for flying an aircraft while intoxicated;
- You’re under 21 and stopped, and the officer reasonably believes your BAC is 0.02% or more;
- You’re under 21, stopped for a traffic violation, and the officer later believes your BAC is 0.02% or more;
- You’re under 21 and stopped at a checkpoint, and the officer believes your BAC is 0.02% or more;
- You’re in a crash that caused death or serious injury, or arrested for any traffic offense other than an equipment violation.
2. You can only be required to take up to two tests from the same stop or incident.
3. The test must be done using state-approved methods by licensed medical staff or someone with a valid permit.
4. The Department of Health and Senior Services sets the rules, approves testing equipment and methods, and licenses testers.
5. You can get an extra test from a qualified medical professional at your own cost. If you can’t get that test, it won’t stop the official test from being used.
6. If you ask, you must be given these details about your test:
- What type of test was done and how it was done;
- The time your sample was taken;
- Your test result (BAC);
- Details about the tester’s license or permit;
- If it was a breath test, the date of the machine’s last maintenance.
7. Police can video record your chemical or field sobriety test, and that video can be used as evidence in court or license hearings.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.
