577.037. Chemical tests, results admitted into evidence, when, effect of.
Chemical tests, results admitted into evidence, when, effect of.
577.037. 1. Upon the trial of any person for violation of any of theprovisions of section 565.024, RSMo, or section 565.060, RSMo, or section577.010 or 577.012, or upon the trial of any criminal action or violationsof county or municipal ordinances or in any license suspension orrevocation proceeding pursuant to the provisions of chapter 302, RSMo,arising out of acts alleged to have been committed by any person whiledriving a motor vehicle while in an intoxicated condition, the amount ofalcohol in the person's blood at the time of the act alleged as shown byany chemical analysis of the person's blood, breath, saliva or urine isadmissible in evidence and the provisions of subdivision (5) of section491.060, RSMo, shall not prevent the admissibility or introduction of suchevidence if otherwise admissible. If there was eight-hundredths of onepercent or more by weight of alcohol in the person's blood, this shall beprima facie evidence that the person was intoxicated at the time thespecimen was taken.
2. Percent by weight of alcohol in the blood shall be based upongrams of alcohol per one hundred milliliters of blood or grams of alcoholper two hundred ten liters of breath.
3. The foregoing provisions of this section shall not be construed aslimiting the introduction of any other competent evidence bearing upon thequestion whether the person was intoxicated.
4. A chemical analysis of a person's breath, blood, saliva or urine,in order to give rise to the presumption or to have the effect provided forin subsection 1 of this section, shall have been performed as provided insections 577.020 to 577.041 and in accordance with methods and standardsapproved by the state department of health and senior services.
5. Any charge alleging a violation of section 577.010 or 577.012 orany county or municipal ordinance prohibiting driving while intoxicated ordriving under the influence of alcohol shall be dismissed with prejudice ifa chemical analysis of the defendant's breath, blood, saliva, or urineperformed in accordance with sections 577.020 to 577.041 and rulespromulgated thereunder by the state department of health and seniorservices demonstrate that there was less than eight-hundredths of onepercent of alcohol in the defendant's blood unless one or more of thefollowing considerations cause the court to find a dismissal unwarranted:
(1) There is evidence that the chemical analysis is unreliable asevidence of the defendant's intoxication at the time of the allegedviolation due to the lapse of time between the alleged violation and theobtaining of the specimen;
(2) There is evidence that the defendant was under the influence of acontrolled substance, or drug, or a combination of either or both with orwithout alcohol; or
(3) There is substantial evidence of intoxication from physicalobservations of witnesses or admissions of the defendant.
(L. 1982 S.B. 513, A.L. 1983 S.B. 318 & 135, A.L. 1988 H.B. 1242 Revision, A.L. 1993 S.B. 167 merged with S.B. 180, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38)Effective 9-29-01
(2005) Invocation of right of refusal under section 577.041 negates implied consent; a chemical test performed in spite of such refusal is inadmissible in a revocation hearing. Murphy v. Director of Revenue, 170 S.W.3d 507 (Mo.App.W.D.).