Facts: Driver has wrecked car on side of road. Officer pulls up, smells alcohol, and ultimately arrests driver for suspicion of DWI. At station, driver consents to breath test and only had a 0.023 BAC, well within the legal limit. Officer then asks for a urine test. Driver refuses. Subsequently the DOR revokes driver’s DL for failure to consent to chemical testing. Driver appeals to the circuit court arguing that he did consent to a chemical test, the breath test. The circuit court agrees with Driver and reinstates Driver DL. The DOR appeals and wins.
Law: Section 577.020.1 says a driver “shall be deemed to have given consent to…a chemical test or tests of the person’s breath, blood, saliva or urine…” Section 577.020.2 says such chemical testing “shall be limited to not more than two such tests arising from the same arrest, incident, or charge.”
Conclusion: if the police suspect of you driving while drunk or drugged, they can request TWO different samples from you. And your failure to consent to both tests can be a violation of the implied consent law that results in DL revocation.
Henderson v. Director or Revenue, State of Missouri, No. 100762 (Mo. App. E.D., June 24, 2014).