577.020. Chemical tests for alcohol content of blood--consent implied, when--administered, when, how--information available to person tested, contents--videotaping of chemical or field sobriety test a
Chemical tests for alcohol content of blood--consent implied,when--administered, when, how--information available to persontested, contents--videotaping of chemical or field sobriety testadmissible evidence.
577.020. 1. Any person who operates a motor vehicle upon the publichighways of this state shall be deemed to have given consent to, subject tothe provisions of sections 577.019 to 577.041, a chemical test or tests ofthe person's breath, blood, saliva or urine for the purpose of determiningthe alcohol or drug content of the person's blood pursuant to the followingcircumstances:
(1) If the person is arrested for any offense arising out of actswhich the arresting officer had reasonable grounds to believe werecommitted while the person was driving a motor vehicle while in anintoxicated or drugged condition; or
(2) If the person is under the age of twenty-one, has been stopped bya law enforcement officer, and the law enforcement officer has reasonablegrounds to believe that such person was driving a motor vehicle with ablood alcohol content of two-hundredths of one percent or more by weight;or
(3) If the person is under the age of twenty-one, has been stopped bya law enforcement officer, and the law enforcement officer has reasonablegrounds to believe that such person has committed a violation of thetraffic laws of the state, or any political subdivision of the state, andsuch officer has reasonable grounds to believe, after making such stop,that such person has a blood alcohol content of two-hundredths of onepercent or greater;
(4) If the person is under the age of twenty-one, has been stopped ata sobriety checkpoint or roadblock and the law enforcement officer hasreasonable grounds to believe that such person has a blood alcohol contentof two-hundredths of one percent or greater;
(5) If the person, while operating a motor vehicle, has been involvedin a motor vehicle collision which resulted in a fatality or a readilyapparent serious physical injury as defined in section 565.002, RSMo, orhas been arrested as evidenced by the issuance of a uniform traffic ticketfor the violation of any state law or county or municipal ordinance withthe exception of equipment violations contained in chapter 306, RSMo, orsimilar provisions contained in county or municipal ordinances; or
(6) If the person, while operating a motor vehicle, has been involvedin a motor vehicle collision which resulted in a fatality or seriousphysical injury as defined in section 565.002, RSMo.
The test shall be administered at the direction of the law enforcementofficer whenever the person has been arrested or stopped for any reason.
2. The implied consent to submit to the chemical tests listed insubsection 1 of this section shall be limited to not more than two suchtests arising from the same arrest, incident or charge.
3. Chemical analysis of the person's breath, blood, saliva, or urineto be considered valid pursuant to the provisions of sections 577.019 to577.041 shall be performed according to methods approved by the statedepartment of health and senior services by licensed medical personnel orby a person possessing a valid permit issued by the state department ofhealth and senior services for this purpose.
4. The state department of health and senior services shall approvesatisfactory techniques, devices, equipment, or methods to be consideredvalid pursuant to the provisions of sections 577.019 to 577.041 and shallestablish standards to ascertain the qualifications and competence ofindividuals to conduct analyses and to issue permits which shall be subjectto termination or revocation by the state department of health and seniorservices.
5. The person tested may have a physician, or a qualified technician,chemist, registered nurse, or other qualified person at the choosing andexpense of the person to be tested, administer a test in addition to anyadministered at the direction of a law enforcement officer. The failure orinability to obtain an additional test by a person shall not preclude theadmission of evidence relating to the test taken at the direction of a lawenforcement officer.
6. Upon the request of the person who is tested, full informationconcerning the test shall be made available to such person. Fullinformation is limited to the following:
(1) The type of test administered and the procedures followed;
(2) The time of the collection of the blood or breath sample or urineanalyzed;
(3) The numerical results of the test indicating the alcohol contentof the blood and breath and urine;
(4) The type and status of any permit which was held by the personwho performed the test;
(5) If the test was administered by means of a breath-testinginstrument, the date of performance of the most recent required maintenanceof such instrument.
Full information does not include manuals, schematics, or software of theinstrument used to test the person or any other material that is not in theactual possession of the state. Additionally, full information does notinclude information in the possession of the manufacturer of the testinstrument.
7. Any person given a chemical test of the person's breath pursuantto subsection 1 of this section or a field sobriety test may be videotapedduring any such test at the direction of the law enforcement officer. Anysuch video recording made during the chemical test pursuant to thissubsection or a field sobriety test shall be admissible as evidence ateither any trial of such person for either a violation of any state law orcounty or municipal ordinance, or any license revocation or suspensionproceeding pursuant to the provisions of chapter 302, RSMo.
(L. 1977 S.B. 60, A.L. 1982 S.B. 513, A.L. 1983 S.B. 318 & 135, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 1998 S.B. 634, A.L. 2001 H.B. 144 & 46, A.L. 2006 S.B. 872, et al.)(1985) The arrested person does not have a choice of which statutory test to take. If a choice were allowed, the person could avoid taking the test by choosing one which was unavailable. Kiso v. King (A.), 691 S.W.2d 374.
(1987) Department of Health rules on approved methods and techniques for chemical analysis of blood alcohol relate to evidence, are procedural and may be applied retrospectively. State v. Kummer, 741 S.W.2d 285 (Mo.App.E.D.).