Drug recognition expert not required for probable cause to arrest

The recent decision in Hill vs Department of Revune WD 76689, delves into the issue of probable cause to believe a driver is intoxicated or in a drugged condition.

The driver, Hill, was observed by the officer driving erratically. Officer Hotmer stopped Hill. The Officer testified that he noted several indicia of intoxication, but not the smell of alcohol. The Officer requested that Hill submit to a blood test. Further, the Officer requested the assistance of drug recognition expert. Hill admitted to taking Zoloft prior to driving. Hill refused the blood test.

The Department of Revenue suspended his license for one year due to the refusal. Hill brought the matter before the trial court, which affirmed his suspension. Hill then filed this appeal. The basis for his argument is that there was not enough probable cause to believe he was operating a motor vehicle in a drugged or intoxicated state.Read the rest

Implied Consent Law – Do I have to blow?

An overview of the Missouri Implied Consent Law. Do you have to blow?

Missouri’s Implied Consent Law

An overview of Missouri's Implied Consent law

Refusal to Submit to a Breath Alcohol Test (BAT)

What to do if your facing a 'Refusal to Submit to a Breath Alcohol Test (BAT)'

Breath Alcohol Testing in Missouri Law and Science

This page provides information and links relating to the law and science of the infrared spectrometry / spectroscopy breath alcohol testing machines used in Missouri.

When will the chemical revocation come off my driver record?

Chemical revocations are a permanent part of the record and can never be removed.

How do I request a hearing?

How do I request a DWI hearing?

Where do I get information about SATOP classes?

Read more for information about SATOP classes.

Why do I need to complete a Substance Abuse Traffic Offenders Program (SATOP)? I was not convicted.

If you have an alcohol-related offense, such as a chemical revocation, on your driver record, the law requires you to complete a SATOP for reinstatement.… Read the rest

How long do I need the SR-22 insurance filing?

The SR-22 is not required for reinstatement on a chemical refusal; however, the SR-22 is required if you file for a Limited Driving Privilege. The SR-22 must be kept in effect until the Limited Driving Privilege expires.… Read the rest

What is an SR-22 insurance filing?

A description and example of an SR-22 insurance form.

Will I have to retake my test?

You will have to retake your test if your driver license has been expired for more than six months.… Read the rest

Can I have any type of driving privilege while I am serving my revocation on a chemical refusal?

After you serve the first 90 days of your revocation, you may be eligible for a hardship license (Limited Driving Privilege). Click on one of the following for more information.

How do I file the necessary forms in order to get my license back?

What is Missouri’s Limited Driving Privilege (LDP)?

How do I apply for an LDP?

NOTE: Only one Limited Driving Privilege (LDP) can be given to you in a five-year period. After September 30, 2005, a person cannot obtain a hardship license to drive a commercial motor vehicle.

Download and complete an Application for Limited Driving Privileges (Form 4595). If you are eligible, an LDP may be issued to you after you file an SR-22 with our office.… Read the rest

When will I get my driver license back?

If you have met your reinstatement requirements, you can get your driver license back one year from the starting date of your revocation. We will send the driver license back to you with your reinstatement notice.… Read the rest

How can I get my driver license back when it is revoked for a chemical refusal (refused to blow)?

Send the following items to the Driver License Bureau, P.O. Box 200, Jefferson City, MO 65105-0200, before your revocation period ends.

Substance Abuse Traffic Offender Program (SATOP) completion form or a comparable program completion form. The Division of Alcohol and Drug Abuse will send this form directly to us after you complete the program.

$45 reinstatement fee. Money order or personal check is acceptable. Please include your full name, address, date of birth, and driver license number.… Read the rest

Missouri Revised Statutes

Missouri Revised Statutes Drivers' and Commercial Drivers' Licenses

Other Standardized Field Sobriety Testing (SFST) Links

Other Standardized Field Sobriety Testing (SFST) Links

NHTSA Publications Links

The following is reprinted from Appendix A to Development of a Standardized Field Sobriety Test (SFST) Training Management System, DOT HS 809 400, November 2001, a NHTSA Publication.

NHTSA Standardized Field Sobriety Testing (SFST) Overview

This article provides an overview of the NHTSA Standardized Field Sobriety (SFST) Test used in Missouri.

Breath Alcohol Testing Overview

Missouri’s implied consent law requires a driver to submit to a chemical breath alcohol test when arrested for DWI.

Missouri Law provides that any person who operates a motor vehicle in Missouri is deemed to have given consent to a chemical test or tests of the person’s breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person’s blood. Visit our Breath Alcohol Testing page to learn more about the Intoxilyzer 5000 and DataMaster breath alcohol testing machines and other issues relating to the law and science of breath alcohol testing in Missouri.

What amount of alcohol consumption relates to what level of blood alcohol content? Visit our Alcohol Impairment Charts page to find out.

Refuse to submit to breath alcohol testing? Visit our Chemical Test Refusal page to learn about what happens if you “refused to blow” and did not submit to … Read the rest

Refused to blow

If you refused to blow, your license automatically will be revoked if you don't act quickly. You need a talk to a Missouri DWI lawyer now to preserve your rights.