577.021. Chemical testing authorized — reasonable efforts to test required — admissibility.
Police can give alcohol tests before arrest, but results have limited use
This law lets certified Missouri police officers give a breath, blood, or urine test before arrest in drunk driving, boating, or flying cases. These early tests can help decide whether to arrest, but the results can’t be used to show your exact BAC in court.
1. Certified officers (state, county, or city) may give a chemical test before arrest if they suspect someone is operating a vehicle, boat, or aircraft, or acting as flight crew, while drunk or with high BAC.
2. Officers must make reasonable efforts to test anyone suspected of driving or boating in a crash that caused death or serious injury.
3. These pre-arrest tests can be used:
- To show probable cause for arrest;
- To help the defense as evidence (if it helps the person charged);
- But not to prove someone’s BAC in court.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.
