Effective - 01 Jan 2017, 5 histories
577.041. Refusal to submit to chemical test — admissibility — request to include reasons and effect of refusal. — 1. If a person under arrest, or who has been detained pursuant to subdivision (2) of subsection 1 of section 577.020, or stopped pursuant to subdivision (3) or (4) of subsection 1 of section 577.020, refuses upon the request of the officer to submit to any test allowed pursuant to section 577.020, then evidence of the refusal shall be admissible in any proceeding related to the acts resulting in such detention, stop, or arrest.
2. The request of the officer to submit to any chemical test shall include the reasons of the officer for requesting the person to submit to a test and also shall inform the person that evidence of refusal to take the test may be used against such person. If such person was operating a vehicle prior to such detention, stop, or arrest, he or she shall further be informed that his or her license shall be immediately revoked upon refusal to take the test.
3. If a person when requested to submit to any test allowed pursuant to section 577.020 requests to speak to an attorney, the person shall be granted twenty minutes in which to attempt to contact an attorney. If, upon the completion of the twenty-minute period the person continues to refuse to submit to any test, it shall be deemed a refusal.
--------
(L. 1982 S.B. 513, A.L. 1987 S.B. 230, A.L. 1991 S.B. 125 & 341, A.L. 1993 S.B. 167 merged with S.B. 180, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 1998 S.B. 634, A.L. 2001 H.B. 302 & 38, A.L. 2002 H.B. 2062, A.L. 2003 H.B. 600, A.L. 2005 H.B. 353 merged with H.B. 487, A.L. 2008 S.B. 930 & 947, A.L. 2010 H.B. 1695, et al., A.L. 2013 S.B. 23, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371)
Effective 1-01-17
(1988) Person may have limited right to consult with counsel prior to taking test, but there is no right to have an attorney present during test or to condition taking of test on presence of attorney. Kilpatrick v. Director of Revenue, 756 S.W.2d 214 (Mo.App.E.D.).
(1989) It is not a denial of equal protection when statute requires director of revenue to revoke driver's license for refusing to take chemical tests and then revoke driver's license for accumulation of points without a showing that all similarly situated drivers were not treated equally. (Mo.App.W.D.) Brown v. Director of Revenue, 772 S.W.2d 398)
(2010) Twenty-minute waiting period begins running immediately after the officer has informed the driver of the implied consent law, regardless of whether the driver requested an attorney before or after the information was provided. Norris v. Director of Revenue, 304 S.W.3d 724 (Mo. en banc).
(2019) Motorist's refusal to consent to chemical test was not voluntary and unequivocal under section, where law enforcement officer deprived him of the right to confer privately with his attorney and where the Director of Revenue failed to show that he was not prejudiced by the action. Roesing v. Director of Revenue, 573 S.W.3d 634 (Mo.).
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 577 - Public Safety Offenses
Section 577.001 - Chapter definitions.
Section 577.010 - Driving while intoxicated — sentencing restrictions.
Section 577.012 - Driving with excessive blood alcohol content — sentencing restrictions.
Section 577.013 - Boating while intoxicated — sentencing restrictions.
Section 577.015 - Operating an aircraft while intoxicated — penalties.
Section 577.016 - Operating an aircraft with excessive blood alcohol content — penalties.
Section 577.017 - Consumption of alcoholic beverages while driving — penalty.
Section 577.019 - Citation of law.
Section 577.021 - Chemical testing authorized — reasonable efforts to test required — admissibility.
Section 577.024 - Unlawful use of water skis and surfboards — penalty.
Section 577.025 - Negligent operation of a vessel — penalty.
Section 577.031 - Persons administering tests not liable, when.
Section 577.033 - Inability of person to be tested to refuse, effect.
Section 577.037 - Chemical tests, results admitted into evidence, when, effect of.
Section 577.060 - Leaving the scene of an accident — penalties.
Section 577.068 - Failure to report a shooting — penalties.
Section 577.070 - Littering — penalties.
Section 577.073 - Damaging state park property — penalties.
Section 577.075 - Anhydrous ammonia, unlawful release — penalty.
Section 577.076 - Unlawful disposition of a dead animal — penalty.
Section 577.078 - Water contamination — penalty.
Section 577.100 - Abandonment of airtight or semi-airtight containers — penalty.
Section 577.150 - Tampering with a water supply — penalty.
Section 577.155 - Construction or use of a waste disposal well — definitions — penalty.
Section 577.161 - Prohibiting the use of a life jacket — definitions — penalty.
Section 577.599 - Failure to comply with ignition interlock device requirements — penalty.
Section 577.605 - Failure to notify another of ignition interlock requirements — penalty.
Section 577.612 - Tampering with or circumventing the operation of an interlock device — penalty.
Section 577.675 - Transportation of an illegal alien — penalty.
Section 577.685 - Illegal reentry, offense of, penalty.
Section 577.700 - Definitions.
Section 577.706 - Planting a bomb or explosive in or near a bus or terminal — penalties.
Section 577.718 - Removal of baggage or cargo without owner's permission — penalty.