577.021. Chemical testing authorized--reasonable efforts to test required--admissibility--severability clause.
Chemical testing authorized--reasonable efforts to testrequired--admissibility--severability clause.
577.021. 1. Any state, county or municipal law enforcement officerwho has the power of arrest for violations of section 577.010 or 577.012and who is certified pursuant to chapter 590, RSMo, may, prior to arrest,administer a chemical test to any person suspected of operating a motorvehicle in violation of section 577.010 or 577.012.
2. Any state, county, or municipal law enforcement officer who hasthe power of arrest for violations of section 577.010 or 577.012 and who iscertified under chapter 590, RSMo, shall make all reasonable efforts toadminister a chemical test to any person suspected of driving a motorvehicle involved in a collision which resulted in a fatality or seriousphysical injury as defined in section 565.002, RSMo.
3. A test administered pursuant to this section shall be admissibleas evidence of probable cause to arrest and as exculpatory evidence, butshall not be admissible as evidence of blood alcohol content. Theprovisions of sections 577.019 and 577.020 shall not apply to a testadministered prior to arrest pursuant to this section.
The provisions changing chapter 577 are severable from this legislation.The general assembly would have enacted the remainder of this legislationwithout the changes made to chapter 577, and the remainder of thelegislation is not essentially and inseparably connected with or dependentupon the changes to chapter 577.
(L. 1993 S.B. 167, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38, A.L. 2006 S.B. 872, et al.)