Defendant was arrested for suspicion of DWI. Defendant refused to take the breath test. At that point in time, the Department of Revenue (DOR) had grounds to revoke defendant’s driver’s license for one year pursuant to the Missouri Implied Consent Law. Later on during processing, defendant agreed to take a blood test. This change of mind by defendant changes nothing in terms of whether the DOR can revoke a license. However, if the police subsequently end up obtaining voluntary chemical test results from the defendant then the DOR can no longer administratively revoke defendant’s license on the basis of refusal.
Thus, defendant’s change of mind is irrelevant; the police do not have to take defendant’s breath or blood test after defendant refuses. But, if the police act upon defendant’s change of mind and obtain test results, then the DOR can no longer revoke a driver’s license for refusal because the State has obtained, through defendant’s voluntary submission, the chemical test results it seeks to admit at defendant’s trial.
McKay v. Director of Revenue, No. 74458 (MO. App. W.D., August 7, 2012).