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Implied Consent Law in Missouri

Implied Consent Law – Breath, Saliva, Blood and Urine Testing

Missouri has an implied consent law, which means that by a driver has essentially pre-agreed to any drug or alcohol to drive testing during several circumstances.  The state law declares that these circumstances are:

  • If the person is arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition
  • If the person is under the age of twenty-one, has been stopped by a law enforcement officer, and the law enforcement officer has reasonable grounds to believe that such person was driving a motor vehicle with a blood alcohol content of two-hundredths of one percent or more
  • If the person is under the age of twenty-one, has been stopped by a law enforcement officer, and the law enforcement officer has reasonable grounds to believe that such person has committed a violation of the traffic laws of the state, or any political subdivision of the state, and such officer has reasonable grounds to believe, after making such stop, that such person has a blood alcohol content of two- hundredths of one percent or greater
  • If the person is under the age of twenty-one, has been stopped at a sobriety checkpoint or roadblock and the law enforcement officer has reasonable grounds to believe that such person has a blood alcohol content of two-hundredths of one percent or greater
  • If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or a readily apparent serious physical injury
  • 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

In addition, anyone who is dead or unconscious or incapacitated at the time the officer wants to take a test is deemed not to have withdrawn their consent and the tests are allowed to be administered and are admissible as evidence.

After a request to submit to a test from law enforcement, a person has twenty minutes to request to speak to an attorney before submitting to a chemical test.  After twenty minutes, if a person has not submitted to the test, it will be deemed a refusal and the person’s driver’s license will be revoked.  The person then has 15 day to petition the director of revenue to contest the license revocation.  Refusal to submit to a test can be used as admissible evidence against one at trial.


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