306.114. Grant of suspended imposition of sentence, requirements--validity of chemical tests--restrictions upon withdrawal of blood, procedure, no civil liability.
Grant of suspended imposition of sentence, requirements--validity ofchemical tests--restrictions upon withdrawal of blood, procedure,no civil liability.
306.114. 1. No person convicted of or pleading guilty to a violationof section 306.111 or 306.112 shall be granted a suspended imposition ofsentence, unless such person is placed on probation for a minimum of twoyears and a record of the conviction or plea of guilty is entered into therecords of the Missouri uniform law enforcement system maintained by theMissouri state highway patrol.
2. Chemical tests of a person's blood, breath, urine, or saliva to beconsidered valid under the provisions of sections 306.111 to 306.119 shallbe performed according to methods and devices approved by the department ofhealth and senior services by licensed medical personnel or by a personpossessing a valid permit issued by the department of health and seniorservices for this purpose. In addition, any state, county, or municipallaw enforcement officer who is certified pursuant to chapter 590, RSMo,may, prior to arrest, administer a portable chemical test to any personsuspected of operating any vessel in violation of section 306.111 or306.112. A portable chemical test shall be admissible as evidence ofprobable cause to arrest and as exculpatory evidence, but shall not beadmissible as evidence of blood alcohol content. The provisions of section306.116 shall not apply to a test administered prior to arrest pursuant tothis section.
3. The department of health and senior services shall approvesatisfactory techniques, devices, equipment, or methods to conduct testsrequired by sections 306.111 to 306.119, and shall establish standards asto the qualifications and competence of individuals to conduct analyses andto issue permits which shall be subject to termination, suspension orrevocation by the department of health and senior services.
4. A licensed physician, registered nurse, or trained medicaltechnician, acting at the request and direction of a law enforcementofficer, shall withdraw blood for the purpose of determining the alcoholcontent of the blood, unless the medical personnel, in the exercise of goodfaith medical judgment, believes such procedure would endanger the life orhealth of the person in custody. Blood may be withdrawn only by suchmedical personnel, but such restriction shall not apply to the taking of abreath test or a urine or saliva specimen. In withdrawing blood for thepurpose of determining the alcohol content in the blood, only a previouslyunused and sterile needle and sterile vessel shall be used and thewithdrawal shall otherwise be in strict accord with accepted medicalpractices. Upon the request of the person who is tested, full informationconcerning the test taken at the direction of the law enforcement officershall be made available to such person.
5. No person who administers any test pursuant to the provisions ofsections 306.111 to 306.119 upon the request of a law enforcement officer,no hospital in or with which such person is employed or is otherwiseassociated or in which such test is administered, and no other person,firm, or corporation by whom or with which such person is employed or is inany way associated shall be civilly liable for damages to the persontested, except for negligence in administering of the test or for willfuland wanton acts or omissions.
6. Any person who is dead, unconscious or who is otherwise in acondition rendering such person incapable of refusing to take a test asprovided in sections 306.111 to 306.119 shall be deemed not to havewithdrawn the consent provided by section 306.116 and the test or tests maybe administered.
(L. 1993 S.B. 167, A.L. 2004 H.B. 841, A.L. 2005 H.B. 353, A.L. 2008 H.B. 1715)