Current with changes from the 2024 Legislative Session
Section 577.041 - Refusal to submit to chemical test - admissibility - request to include reasons and effect of refusal1. If a person under arrest, or who has been detained pursuant to subdivision (2) of subsection 1 of section 577.020, or stopped pursuant to subdivision (3) or (4) of subsection 1 of section 577.020, refuses upon the request of the officer to submit to any test allowed pursuant to section 577.020, then evidence of the refusal shall be admissible in any proceeding related to the acts resulting in such detention, stop, or arrest.2. The request of the officer to submit to any chemical test shall include the reasons of the officer for requesting the person to submit to a test and also shall inform the person that evidence of refusal to take the test may be used against such person. If such person was operating a vehicle prior to such detention, stop, or arrest, he or she shall further be informed that his or her license shall be immediately revoked upon refusal to take the test.3. If a person when requested to submit to any test allowed pursuant to section 577.020 requests to speak to an attorney, the person shall be granted twenty minutes in which to attempt to contact an attorney. If, upon the completion of the twenty-minute period the person continues to refuse to submit to any test, it shall be deemed a refusal.Amended by 2014 Mo. Laws, HB 1371,s A, eff. 1/1/2017.Amended by 2014 Mo. Laws, SB 491,s A, eff. 1/1/2017.Amended by 2013 Mo. Laws, SB 23,s A, eff. 3/3/2013.L. 1982 S.B. 513, A.L. 1987 S.B. 230, A.L. 1991 S.B. 125 & 341, A.L. 1993 S.B. 167 merged with S.B. 180, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 1998 S.B. 634, A.L. 2001 H.B. 302 & 38, A.L. 2002 H.B. 2062, A.L. 2003H.B. 600 , A.L. 2005H.B. 353 merged with H.B. 487, A.L. 2008S.B. 930 & A.947 , A.L. 2010H.B. 1695, et al.