302.745. Chemical tests, requirements--implied consent given, limits--use as evidence, test results.
Chemical tests, requirements--implied consent given, limits--use asevidence, test results.
302.745. 1. All chemical tests required herein for theenforcement of sections 302.700 to 302.780 shall be conductedusing the same procedures, methods, waivers of liability, personsand facilities as those described in chapter 577, RSMo, except asprovided in sections 302.700 to 302.780. Nothing contained inchapter 577, RSMo, shall be construed to require a person to beplaced under arrest prior to his being requested to submit to achemical test under this section.
2. A person who drives a commercial motor vehicle withinthis state is deemed to have given consent, subject to theprovisions of this section, to a chemical test or tests of hisbreath, blood, saliva or urine for the purpose of determining hisalcohol concentration, or the presence of controlled substancesin his system.
3. A test or tests may be administered for the purposes ofenforcing sections 302.700 to 302.780, at the direction of a lawenforcement officer, who has reason to believe that the driverwas driving a commercial motor vehicle while having any amount ofalcohol or controlled substances in his system.
4. The implied consent to submit to the chemical testslisted in subsection 2 of this section shall be limited to notmore than two such tests arising from the same arrest, stop,incident, or charge.
5. Upon the request of a person who is tested, fullinformation concerning the test shall be made available to him.
6. Upon the trial of any person for violation of thissection or upon the trial of any criminal action or violations ofcounty or municipal ordinances arising out of acts alleged tohave been committed by any person while driving a commercialmotor vehicle under the influence of alcohol or controlledsubstances, the amount of alcohol or controlled substance in theperson's blood at the time of the act alleged as shown bychemical analysis of the person's blood, breath, saliva or urineis admissible in evidence and the provisions of subdivision (5)of section 491.060, RSMo, shall not prevent the admissibility orintroduction of such evidence, if otherwise admissible. Nothingcontained in this section shall be construed as limiting theintroduction of any other competent evidence bearing upon thequestion whether the person was operating a commercial motorvehicle while under the influence of alcohol or controlledsubstances.
(L. 1989 1st Ex. Sess. H.B. 3)*Contingent effective date, see § 302.782