Section 302.750

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 302

Effective - 01 Jan 2017, 2 histories, see footnote   

  302.750.  Refusal to consent to test, effect — procedures — hearing allowed, when. — 1.  If a person refuses, upon the request of a law enforcement officer pursuant to section 302.745, to submit to any test allowed under that section, evidence of the refusal shall be admissible in any proceeding to determine whether a person was operating a commercial motor vehicle while under the influence of alcohol or controlled substances.  In this event, the officer shall make a sworn report to the director that he or she requested a test pursuant to section 302.745 and that the person refused to submit to such testing.

  2.  A person requested to submit to a test as provided by section 302.745 shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person being immediately placed out of service for a period of twenty-four hours and being disqualified from operating a commercial motor vehicle for a period of not less than one year if for a first refusal to submit to the test and for life if for a second or subsequent refusal to submit to the test.  The director may issue rules and regulations, in accordance with guidelines established by the secretary, under which a disqualification for life under this section may be reduced to a period of not less than ten years.

  3.  Upon receipt of the sworn report of a law enforcement officer submitted under subsection 1 of this section, the director shall disqualify the driver from operating a commercial motor vehicle.

  4.  If a person has been disqualified from operating a commercial motor vehicle because of his refusal to submit to a chemical test, he or she may request a hearing before a court of record in the county in which the request was made.  Upon his or her request, the clerk of the court shall notify the prosecuting attorney of the county and the prosecutor shall appear at the hearing on behalf of the officer.  At the hearing the judge shall determine only:

  (1)  Whether or not the law enforcement officer had reasonable grounds to believe that the person was driving a commercial motor vehicle with any amount of alcohol in his or her system;

  (2)  Whether or not the person refused to submit to the test.

  5.  If the judge determines any issues not to be in the affirmative, he or she shall order the director to reinstate the privilege to operate a commercial motor vehicle.

  6.  Requests for review as herein provided shall go to the head of the docket of the court wherein filed.

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(L. 1989 1st Ex. Sess. H.B. 3, A.L. 2010 H.B. 1695, et al., A.L. 2014 S.B. 491)

Effective 1-01-17