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Missouri DWI/DUI/BAC Administrative Alcohol Law | Refusal to Blow | Missouri’s Implied Consent Law

Missouri’s Implied Consent Law

Driving in Missouri is a privilege, not a right. Every driver in Missouri is deemed to have given consent to a take a blood alcohol test upon the request of an officer after being arrested or stopped when the officer had:

  1. Reasonable grounds to believe that the arrested person was driving a motor vehicle while in an intoxicated or drugged condition; or
  2. Reasonable grounds to believe that the person stopped, being under the age of twenty-one years, was driving a motor vehicle with a blood alcohol content of two-hundredths of one percent or more by weight; or
  1. Reasonable grounds to believe that the person stopped, being under the age of twenty-one years, was committing a violation of the traffic laws of the state, or political subdivision of the state, and such officer has reasonable grounds to believe, after making such stop, that the person had a blood alcohol content of two-hundredths of one percent or greater.

This commonly is referred to as Missouri’s “Implied Consent Law” and is set out in RSMo 577.041.

Missouri’s Implied Consent statute requires that, to be valid, the officer’s request that the driver submit to a blood alcohol test:

  1. Must include the reasons of the officer for requesting the driver submit to a blood alcohol test; and
  2. Must inform the driver that evidence of refusal to take the test may be used against them; and
  1. Must inform the driver that the driver’s license shall be revoked immediately if the driver refuses to take the test.