Section 1.23 What Constitutes a Refusal?

• Library: DWI 2014

Instances in which the courts found that the driver refused to take the blood alcohol test include, but are not limited to, the following:

· A qualified or conditional consent or refusal to submit to a chemical test is considered a refusal except when the refusal is conditioned on the opportunity to contact a lawyer. Riley v. Dir. of Revenue,378 S.W.3d 432 (Mo. App. W.D. 2012).

· A driver is not entitled to reinstatement of the driver’s license if the driver refuses to submit to a chemical test and then later reconsiders and wants to submit to the chemical test. Williams v. Dir. of Revenue,335 S.W.3d 70 (Mo. App. W.D. 2011).

· Submission to a court-ordered search warrant for a blood draw was not a volitional...