Any person who operates a motor vehicle upon the public highways of Missouri shall be deemed to have given consent to a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood pursuant to the following circumstances:
If the person is arrested upon reasonable grounds to believe they were driving a motor vehicle while in an intoxicated or drugged condition; or, if the person is under the age of twenty-one and stopped upon reasonable grounds to believe they were driving a motor vehicle with a blood alcohol content of 0.02% or more; or, if the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or serious physical injury.
A person is presumed to know and understand their rights and responsibilities concerning such testing. In this regard, the officer will choose what type of test to offer. You do not get a choice in that matter. Although the officer has the right to ask for two types of tests, this is rarely done. However, after you have submitted to the officer's requested test, you do have the right to demand and obtain your own independent test by a physician, qualified technician, chemist, registered nurse or other qualified person.
You also have the right to demand the opportunity to speak to an attorney for advice on whether or not to take the test. On a demand to speak with an attorney, the officer must allow you 20 minutes to attempt to contact a lawyer. Upon any refusal, an officer may still request and obtain a warrant to proceed with a blood draw to determine your blood alcohol content.
The law office of Holder Susan Slusher Oxenhandler LLC offers experience and expertise when defending against a DWI in Missouri. Contact us today at (573) 355-9270 to schedule your free consultation and case review. Let us work for you!