Section 11 Refusal

• Library: Defending Boating While Intoxicated Cases 2011

Section 306.119.1, RSMo 2000, is the right-to-refuse statute for BWI.
It is similar to the DWI statute, § 577.041, RSMo Supp. 2010. The arresting officer is required to advise the arrestee:

· of the reason for requesting the test;

· of the right to refuse the test; and

· that, if the arrestee refuses, the refusal can be used against the arrestee at a trial.

Section 306.119.

Section 306.119 appears to have no effect on BWI cases filed under § 306.110, RSMo 2000. In other words, it appears, for example, that...