Missouri Revised Statutes
Chapter 302 - Drivers' and Commercial Drivers' Licenses
Section 302.750 - Refusal to consent to test, effect — procedures — hearing allowed, when.

Effective - 01 Jan 2017, 2 histories
302.750. Refusal to consent to test, effect — procedures — hearing allowed, when. — 1. If a person refuses, upon the request of a law enforcement officer pursuant to section 302.745, to submit to any test allowed under that section, evidence of the refusal shall be admissible in any proceeding to determine whether a person was operating a commercial motor vehicle while under the influence of alcohol or controlled substances. In this event, the officer shall make a sworn report to the director that he or she requested a test pursuant to section 302.745 and that the person refused to submit to such testing.
2. A person requested to submit to a test as provided by section 302.745 shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person being immediately placed out of service for a period of twenty-four hours and being disqualified from operating a commercial motor vehicle for a period of not less than one year if for a first refusal to submit to the test and for life if for a second or subsequent refusal to submit to the test. The director may issue rules and regulations, in accordance with guidelines established by the secretary, under which a disqualification for life under this section may be reduced to a period of not less than ten years.
3. Upon receipt of the sworn report of a law enforcement officer submitted under subsection 1 of this section, the director shall disqualify the driver from operating a commercial motor vehicle.
4. If a person has been disqualified from operating a commercial motor vehicle because of his refusal to submit to a chemical test, he or she may request a hearing before a court of record in the county in which the request was made. Upon his or her request, the clerk of the court shall notify the prosecuting attorney of the county and the prosecutor shall appear at the hearing on behalf of the officer. At the hearing the judge shall determine only:
(1) Whether or not the law enforcement officer had reasonable grounds to believe that the person was driving a commercial motor vehicle with any amount of alcohol in his or her system;
(2) Whether or not the person refused to submit to the test.
5. If the judge determines any issues not to be in the affirmative, he or she shall order the director to reinstate the privilege to operate a commercial motor vehicle.
6. Requests for review as herein provided shall go to the head of the docket of the court wherein filed.
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(L. 1989 1st Ex. Sess. H.B. 3, A.L. 2010 H.B. 1695, et al., A.L. 2014 S.B. 491)
Effective 1-01-17

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XIX - Motor Vehicles, Watercraft and Aviation

Chapter 302 - Drivers' and Commercial Drivers' Licenses

Section 302.010 - Definitions.

Section 302.011 - Lawfully present defined.

Section 302.015 - License classification system, director to establish — categories.

Section 302.020 - Operation of motor vehicle without proper license prohibited, penalty — motorcycles — special license — protective headgear, failure to wear, fine, amount — no points to be assessed.

Section 302.025 - Driver training programs, instruction on traffic stops.

Section 302.026 - Motorcycle operators twenty-six years of age or older, no protective headgear required, when — proof of insurance coverage required.

Section 302.041 - License by municipality not required.

Section 302.051 - Government-owned vehicles, who may operate.

Section 302.060 - License not to be issued to whom, exceptions — reinstatement requirements.

Section 302.063 - No issuance of a driver's license to illegal aliens or persons who cannot prove lawful presence.

Section 302.067 - Lawful presence or citizenship, proof of to be presented once — exceptions.

Section 302.080 - Exemptions from license law.

Section 302.110 - List of licensed drivers.

Section 302.120 - Applications for license, accident reports and court convictions to be filed, how.

Section 302.130 - Issuance of temporary instruction permit, when — requirements — duration — permit driver sticker or sign issued, when — rulemaking authority.

Section 302.132 - Minimum age and requirements to apply for temporary motorcycle instruction permit, restrictions.

Section 302.133 - Definitions.

Section 302.134 - Motorcycle safety education program, commission to establish and set standards, program to include certain subjects — authority to adopt rules, procedure to adopt, suspend and revoke.

Section 302.135 - Private or public institutions may also conduct motorcycle training courses, tuition fee may be charged — certificate to be issued — sticker on driver's license as evidence of completed course.

Section 302.137 - Motorcycle safety trust fund established, purpose — operators of motorcycles or motortricycles in violation of laws or ordinances to be assessed surcharge, collection, distribution.

Section 302.140 - Instruction permit, fee.

Section 302.150 - Driving privilege of nonresident subject to suspension, revocation or disqualification — conviction records sent to other states.

Section 302.160 - Assessment of points and suspension or revocation of license, notice of conviction outside Missouri.

Section 302.169 - Selective Service System registration at time of application for driver's license, procedure.

Section 302.170 - Federal REAL ID Act, compliance with — definitions — retention of documents — inapplicability, when — issuance of compliant licenses and ID cards, procedure — biometric data restrictions — privacy — violations, civil damages and cri...

Section 302.171 - Application for license — form — content — educational materials to be provided to applicants under twenty-one — voluntary contribution to certain programs and fund — denial of driving privilege, when — exemption from requirement to...

Section 302.172 - Exchange of drivers' licenses, foreign countries, reciprocal agreements, content.

Section 302.173 - Driver's examination required, when — exceptions — procedure — military motorcycle rider training, no further driving test required.

Section 302.174 - Deaf or hard of hearing, driver's license special notation, definitions — ASL informational video — rulemaking authority.

Section 302.175 - Vision requirements — examination — license may be issued with conditions, limitations, restrictions.

Section 302.176 - First-time licenses, information to receive — rulemaking authority.

Section 302.177 - Licenses, issuance and renewal, duration, fees.

Section 302.178 - Intermediate driver's license, issued to whom, requirements, limitations, fee, duration, point assessment — penalty, application for full driving privileges, requirements — exceptions — penalty — rulemaking authority, procedure.

Section 302.179 - Notice of expiration of license.

Section 302.180 - Photo identification for election purpose, nondriver identification card not compliant with federal REAL ID Act to be issued.

Section 302.181 - Form of license — information shown — digital image required, exception — temporary license — nondriver's license, fee, duration — exception — digital driver's license program, requirements — rulemaking authority.

Section 302.182 - Permanent disability notation on driver's and nondriver's licenses — rulemaking authority.

Section 302.184 - Boater identification card, notation for compliance with boating safety requirements — rulemaking authority.

Section 302.185 - Duplicate license, REAL ID compliant license — how obtained — fee.

Section 302.186 - Active military duty, expiration of driver's license during, renewal without examination, when — rulemaking authority.

Section 302.187 - Municipalities and counties to pay replacement costs of driver's license, when.

Section 302.188 - Veteran designation on driver's licensed or ID card, requirements — rulemaking authority.

Section 302.190 - Duration of suspension of license — new license, when.

Section 302.200 - Effect of revocation — penalty.

Section 302.205 - Medical alert notation on driver's license or nondriver's identification card, when — procedure — rulemaking authority.

Section 302.220 - Prohibited uses of license.

Section 302.225 - Surrender of license — record of convictions, kept where, by whom — revocation by city officials prohibited.

Section 302.228 - Fees, how deposited.

Section 302.230 - Penalty for false statement or affidavit.

Section 302.233 - Fraud in obtaining a license or permit, penalty.

Section 302.250 - Children forbidden to operate motor vehicle.

Section 302.260 - Unlicensed person operating motor vehicle prohibited.

Section 302.272 - School bus endorsement, qualifications — grounds for refusal to issue or renew endorsement — rulemaking authority — reciprocity.

Section 302.273 - Federal rule compliance for bus drivers.

Section 302.274 - Central depository concerning certain bus drivers, to be maintained by director of revenue.

Section 302.275 - Notification by employer of school bus driver to director of revenue, when, penalty for noncompliance, by an employer.

Section 302.276 - Suspension of school bus permit, when, penalty for noncompliance by driver with suspended permit.

Section 302.281 - Suspension for unsatisfied judgment.

Section 302.286 - Theft of motor fuel punishable by suspension of driver's license — reinstatement fee required.

Section 302.291 - Incompetent or unqualified operators, director may require examination, when — report permitted, when, by whom, contents, immunity from liability — confidentiality, penalty — rules — appeal — reinstatement.

Section 302.292 - Medical/vision advisory board established, qualifications, appointment, terms, vacancy, how filled — expenses — meetings — no liability for board, when.

Section 302.301 - Restricted licenses.

Section 302.302 - Point system — assessment for violation — assessment of points stayed, when, procedure.

Section 302.303 - Conviction for failure to maintain financial responsibility or court-ordered supervision, court to forward to revenue, failure to appear in court — procedure — revenue to maintain records of court reports.

Section 302.304 - Notice of points — suspension or revocation of license, when, duration — reinstatement, condition, point reduction, fee — failure to maintain proof of financial responsibility, effect — point reduction prior to conviction, effect —...

Section 302.306 - Reduction of point value charged after period of safe driving.

Section 302.308 - Effect of conviction prior to enactment.

Section 302.309 - Return of license, when — limited driving privilege, when granted, application, when denied — judicial review of denial by director of revenue — rulemaking.

Section 302.311 - Suspension or revocation — appeals from — procedure.

Section 302.312 - Department of revenue and department of health and senior services, bureau of vital statistics, records, admissible in evidence, when — computer terminal printout of individual driving record admissible as evidence, printout availab...

Section 302.321 - Driving while license or driving privilege is cancelled, suspended or revoked, penalty — enhanced penalty for repeat offenders — imprisonment, mandatory, exception.

Section 302.340 - Penalty for violations.

Section 302.341 - Moving traffic violation, failure to prepay fine or appear in court, license suspended, procedure.

Section 302.342 - Suspended or revoked license, person changing state of residence, cleared of requirements.

Section 302.345 - Diversion program participation prohibited, when.

Section 302.347 - Federal record-keeping rule to be adopted.

Section 302.400 - Suspension or revocation of driving privileges, persons under twenty-one years of age — violation of certain laws — surrender of licenses — court to forward to director of revenue — period of suspension.

Section 302.405 - Revocation of driving privileges, persons over twenty-one years of age — possession or use of drug in motor vehicle — surrender of licenses — court shall forward order to department of revenue.

Section 302.410 - Director of revenue to suspend or revoke license, when — hardship driving privileges may be granted, procedure — temporary instruction permits allowed, when.

Section 302.415 - Failure to surrender licenses, certain law enforcement officer may seize.

Section 302.420 - License reinstatement, substance abuse traffic offender program — professional assessment — supplemental fee, disposition, failure to remit, penalty.

Section 302.425 - Completion of substance abuse traffic offender program, persons under twenty-one years of age, required, when, standards by department of mental health.

Section 302.426 - Department of revenue — rules and regulations.

Section 302.440 - Devices, use of, when.

Section 302.441 - Employment exemption variance, permitted when — restrictions.

Section 302.442 - Cost of interlock device may reduce amount of fine — vehicles affected — proof of compliance, when, report — maintenance cost — calibration checks.

Section 302.454 - Use of device shall be required, when.

Section 302.456 - Court shall send order to department of revenue — record keeping required.

Section 302.458 - Commission to certify devices, adopt guidelines — certification information, standards — consultation before certification.

Section 302.460 - Manufacturer warning required.

Section 302.462 - Revocation, automatic, period — notification to department — reinstatement fee — limitation.

Section 302.500 - Definitions.

Section 302.505 - Determination by department to suspend or revoke license, when made, basis — final, when.

Section 302.510 - Arresting officer, duties — certain arrests not to be basis for administrative suspension or revocation.

Section 302.515 - Notice of suspension or revocation by department — deemed received, when — contents.

Section 302.520 - Arresting officer to serve notice of suspension or revocation, when — to possess license, issue temporary permit, give written notice of driver's rights and responsibilities — application for hearing.

Section 302.525 - Suspension or revocation, when effective, duration — restricted driving privilege — effect of suspension or revocation by court on charges arising out of same occurrence — revocation due to alcohol-related offenses, requirements.

Section 302.530 - Request for administrative review, when made — temporary permit, duration — telephone hearings permitted, when — hearing, venue, conduct — decision, notice, final when — appeal for judicial review — rulemaking authority.

Section 302.535 - Trial de novo, conduct, venue, what judge may hear, when — restricted driving privilege, when, duration of.

Section 302.536 - Department to pay court costs and attorney fees, when.

Section 302.540 - Reinstatement of license — completion of substance abuse traffic offender program a condition — individual assessment, judicial review — fees and cost, distribution of — treatment demonstration project may be created.

Section 302.541 - Additional reinstatement fee, license to operate motor vehicle, when — proof of financial responsibility, not required, when.

Section 302.545 - Expungement of records, when.

Section 302.574 - Temporary permit issued by officer, when — report required, contents — revocation of license, procedure — reinstatement, when — fees — proof of interlock device, when — violations, penalty.

Section 302.580 - Substance abuse traffic offender program, court may order participation in, when — professional assessment — supplemental fees, deposition — failure to remit, penalty.

Section 302.584 - Rules, effective, when — rules invalid and void, when.

Section 302.592 - Missouri uniform law enforcement system records, information entered by highway patrol, when, made available, to whom — failure to furnish records to patrol, penalty.

Section 302.600 - Driver license compact.

Section 302.605 - Driver license compact — definitions — applicability of — reports to director of revenue, when, by whom.

Section 302.700 - Citation of law — definitions.

Section 302.705 - Commercial motor vehicle operator, only one license — age requirements — notice to employer and director upon conviction for motor vehicle violation, when.

Section 302.710 - Suspension, revocation or cancellation of license, notice to employer, when.

Section 302.720 - Operation without license prohibited, exceptions — instruction permit, use, duration, fee — license, test required, contents, fee — certification of third-party testers — certain persons prohibited from obtaining license, exceptions...

Section 302.721 - Third-party commercial driver license examination program created, purpose, funding — rules.

Section 302.723 - Deaf and hard of hearing, accommodations for training and application process — null and void, when.

Section 302.725 - Driving without commercial driver's license, penalty.

Section 302.727 - Driving a commercial motor vehicle while revoked, crime of, penalty.

Section 302.730 - Nonresident may operate commercial motor vehicles, when.

Section 302.735 - Application for commercial license, contents, expiration, duration, fees — new resident, application dates — falsification of information, ineligibility for license, when — nondomiciled commercial license issued, when.

Section 302.740 - License, manufacture of, requirements — driving information to be obtained prior to issue of license, notice to commercial driver license information system, when.

Section 302.745 - Chemical tests, requirements — implied consent given, limits — use as evidence, test results.

Section 302.750 - Refusal to consent to test, effect — procedures — hearing allowed, when.

Section 302.755 - Violations, disqualification from driving, duration, penalties — reapplication procedure.

Section 302.756 - Violation of out-of-service order by driver or employer knowing driver is in violation, civil penalties.

Section 302.760 - Nonresidents, action against license, notice to licensing state, when.

Section 302.765 - Rules and regulations, promulgation of, procedure — driving instruction programs of state colleges and universities to be approved.

Section 302.768 - Compliance with federal law, certification required — application requirements, procedure.

Section 302.769 - Contingent effective date.

Section 302.770 - Cooperation with other jurisdictions.

Section 302.775 - Provisions of law not applicable, when.

Section 302.780 - Unlawful acts, penalty.