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 “Drug recognition expert not required for probable cause to arrest”
An overview of the Missouri Implied Consent Law. Do you have to blow?
An overview of Missouri's Implied Consent law
What to do if your facing a 'Refusal to Submit to a Breath Alcohol Test (BAT)'
This page provides information and links relating to the law and science of the infrared spectrometry / spectroscopy breath alcohol testing machines used in Missouri.
Missouri Revised Statutes Drivers' and Commercial Drivers' Licenses
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 “Breath Alcohol Testing Overview”
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.