577.037. Chemical tests, results admitted into evidence, when, effect of
Alcohol or drug test results can be used in court for DWI and related charges
If someone is charged with a crime involving driving, boating, or flying while intoxicated, chemical test results showing their blood alcohol level can be used as evidence. A result of 0.08% or more usually means they were legally intoxicated.
1. In any criminal trial or license suspension hearing involving someone accused of operating a vehicle, boat, or aircraft while intoxicated, test results from blood, breath, saliva, or urine can be used as evidence. These results are allowed in court even if the person who performed the test isn’t there to testify, as long as the evidence is otherwise admissible.
2. If the test shows the person’s blood alcohol content (BAC) was 0.08% or higher, it is strong evidence (called “prima facie”) that the person was intoxicated. If the BAC is below 0.08%, then the case must be dismissed unless:
- (1) There’s evidence the test result doesn’t reflect the person’s condition at the time because too much time passed between the incident and the test;
- (2) There’s evidence the person was under the influence of drugs or a drug-alcohol mix;
- (3) Witnesses or the person themselves showed strong signs of being drunk or admitted to it.
3. Alcohol levels are measured in:
- Grams of alcohol per 100 milliliters of blood, or
- Grams of alcohol per 210 liters of breath.
4. Other reliable evidence—not just chemical tests—can still be used to show whether someone was intoxicated.
5. To count toward the legal presumption in subsection 2, the test must be done according to rules in sections 577.020 to 577.041 and must follow state-approved methods and standards.
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