The implied consent law in Missouri deems anyone operating a vehicle on the state’s public highways to have given consent to a chemical test or a test of their breath, blood, saliva or urine to determine their blood alcohol concentration (BAC).
When arrested for an offense stemming from DWI
If someone is arrested for an offense that the arresting officer has reasonable grounds to believe they committed when driving while intoxicated (DWI), the implied consent law may apply.
When the driver is under 21 and suspected of impairment
If a person under twenty-one is stopped by a law enforcement officer who has reasonable grounds to believe they were operating a vehicle with a BAC of two-hundredths of one percent (0.02%) or more, they may request them to submit to a test.
If the police have reasonable grounds to believe the BAC of a driver under twenty-one is 0.02% or greater at a sobriety checkpoint or roadblock, they may request to measure their BAC.
When a driver under 21 violates the traffic laws of the state
An officer may request to determine the BAC of a person under twenty-one whom they stop after having reasonable grounds to believe they violated a state’s traffic law or any political subdivision, and the officer has reasonable grounds to believe, after making such stop, the driver’s BAC is 0.02% or more.
An officer can have reasonable suspicion of drunk driving using observable signs, like slurred speech and bloodshot eyes.
After an accident that results in a serious injury or fatality
The implied consent law may apply to any person of any age operating a vehicle that is involved in an accident that results in a serious injury or fatality.
If you are charged with a DWI, you need to determine how to defend yourself to avoid losing your driving privileges and incurring penalties.