Doug Crowder

Chemical Test Refusal

Statutory Reference: 577.041

Missouri's implied consent law requires a driver to submit to a chemical test when requested by a law enforcement officer. If the driver refuses to submit to the test, the license is revoked for one year.

Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form. The arresting officer will take possession of any valid Missouri driver license the driver has in his or her possession and issue a 15-day permit, if applicable. Any continued driving beyond the initial 15-day period must be pursuant to a court issued stay order. The stay order will temporarily suspend the revocation until the case is settled.

If the court upholds the arrest, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the revocation is canceled and the license is returned, if applicable.

Ms. Whitney says marijuana is especially attractive to teenagers because it’s easier to hide than alcohol, a person can get high faster than they can get intoxicated, and parents don’t detect marijuana. In addition, recent nation-wide research has found it easier for young people to buy marijuana than beer because of increased enforcement of laws against the sale of alcoholic beverages to underage persons. 2

A nationwide survey of middle and high school students found that 30% believed that planning to drive was a reason not to drink. However, only about half that number (18%) believed that planning to drive was a reason not to use drugs. 3

Veronica Sanchez Some campus groups choose to provide education on how to plan ahead to avoid being stuck without a safe ride. Some choose to implement a social norm marketing campaign demonstrating that the vast majority of students don’t drink and drive. Others set up designated driver or safe ride programs.

Suspension/Revocation

If the action is upheld, the driver license is suspended or revoked based on the prior five-year driver record. If convicted or suspended during the past five years for an alcohol-related law enforcement contact, the person is revoked for one year, and if not, a 30-day suspension is imposed. The 30-day suspension is followed by a 60-day restricted driving privilege. The effective date of the suspension or revocation is 15 days after the final order of the hearing officer is mailed from the Department of Revenue.

Alcohol involvement is much lower in crashes involving nonfatal injuries, and it is lower still in crashes that do not involve injuries at all.

Ten percent (10%) of all people who receive injuries in traffic accidents do so in alcohol-related crashes, according to NHTSA estimates. It is estimated that 3.22% of these injury-producing crashes involve intoxicated drivers.

Bay View Law Group It’s easy to criticize judges who appear “soft” regardless of the facts of the cases involved. Instead of recklessly attacking judges based on emotions, we should fund careful analyses of the sentencing process in order to improve the courts’ ability to ensure justice while at the same time removing drunk drivers from the road.

Breath tests have traditionally been used as evidence in drunk driving cases because they are much more reliable than police testimony. However, breath tests only estimate blood alcohol concentration (BAC), they don’t measure it. Additionally, a large number of things can destroy the validity of such tests. They include a wide number of other substances commonly in the body that are similar in molecular structure to alcohol, physiological differences among people, ambient temperature, body temperature, humidity of the air, atmospheric pressure, medications, diseases, vomit, burp, smoke, radio signals, consumption of bakery products, dirt, tester error, improperly calibrated breath testing devices, and many, many more.

FST: Field Sobriety Test. A series of physical and mental coordination tests designed to help an officer decide if a driver is DWI. These may include walking the straight line, reciting the alphabet, standing still with feet together and arms extended, standing on one foot, etc. These are highly subjective, but if the officer concludes the driver was DWI, he will require a BA test. States seldom have statutes that penalize refusing to perform FST’s, but most will penalize refusal to take a Blood Alcohol Test with license suspension or other penalties.

Vehicle Impound/Immobilization: Vehicle impound is an option used by some states when there has been more than one DUI conviction. The vehicle may be seized, or an ignition interlock device may be installed on the steering wheel of the car, requiring the driver to pass a breath test using the device before he or she can start the vehicle and drive away.