§ 15-116. Chemical tests for alcohol content, consent implied, administered, when, how, videotaping of chemical or field sobriety test admissible evidence.

(a)

Any person who operates a vehicle or vessel upon the public highways of this state shall be deemed to have given consent to, subject to the provisions of RSMo 577.020 through 577.041, to a chemical test or tests of his breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of his breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood pursuant to the following circumstances:

(1)

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 operating a vehicle or vessel while in an intoxicated condition;

(2)

If the person is under the age of 21, has been stopped by a law enforcement officer, and the law enforcement officer has reasonable grounds to believe that such person was operating a vehicle or vessel with a blood alcohol content of two-hundredths of one percent or more by weight;

(3)

If the person is under the age of 21, 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 by weight of two-hundredths of one percent or greater;

(4)

If the person is under the age of 21, 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 by weight of two-hundredths of one percent or greater;

(5)

If the person, while operating a vehicle, has been involved in a collision or accident which resulted in a fatality or a readily apparent serious physical injury as defined in RSMo 556.061, or has been arrested as evidenced by the issuance of a uniform traffic ticket for the violation of any state law or county or municipal ordinance with the exception of equipment violations contained in RSMo. Chs. 306 and 307, or similar provisions contained in county or municipal ordinances.

The test shall be administered at the direction of the arresting law enforcement officer whenever the person has been arrested for the offense.

(b)

The implied consent to submit to the chemical tests listed in subsection (a) of this section shall be limited to not more than two such tests arising from the same stop, detention, arrest, incident or charge.

(c)

Chemical analysis of the person's breath, blood, saliva, or urine to be considered valid under the provisions of RSMo 577.020 through 577.041 shall be performed according to methods approved by the State Department of Health and Senior Services by licensed medical personnel or by a person possessing a valid permit issued by the State Department of Health and Senior Services for this purpose.

(d)

The state division of health shall approve satisfactory techniques, devices, equipment, or methods to be considered valid under the provisions of RSMo 577.020 through 577.041 and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the state division of health.

(e)

The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing and at his expense administer a test in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer.

(f)

Upon the request of the person who is tested, full information concerning the test shall be made available to such person. Full information is limited to the following:

(1)

The type of test administered and the procedures followed;

(2)

The time of the collection of the blood, breath, saliva or urine sample or urine analyzed;

(3)

The numerical results of the test indicating the alcohol content of the blood, breath, saliva and urine that was analyzed;

(4)

The type and status of any permit which was held by the person who performed the test;

(5)

If the test was administered by means of a breath testing instrument, the date of the most recent maintenance of such instrument.

Full information does not include manuals, schematics or software of the instrument used to test the person or any other material that is not in the actual possession of the city or state. Additionally, full information does not include information in the possession of the manufacturer of the test instrument.

(g)

Any person given a chemical test of the person's breath pursuant to subsection (a) of this section or a field sobriety test may be videotaped during any such test at the direction of the law enforcement officer. Any such video recording made during the chemical test pursuant to this subsection or a field sobriety test shall be admissible as evidence for a violation of any municipal ordinance.

(Code 1973, § 14-98; Ord. No. 17-02, § 2, 2-13-17)

State law reference

Similar provisions, RSMo 577.020.

Editor's note

Ord. No. 17-02, § 2, adopted Feb. 13, 2017, changed the title of § 15-116 from "Chemical tests for alcohol content of blood" to "Chemical tests for alcohol content, consent implied, administered, when, how, videotaping of chemical or field sobriety test admissible evidence."