Audio: Missouri Supreme Court hears arguments over procedures in drunk driving cases

Missouri Supreme Court

The Missouri Supreme Court is considering a challenge to procedures during drunk driving stops. State attorney Michael Martinich-Sauter told the judges the Implied Consent Warning, which stipulates that a license will be “immediately” revoked upon refusal to take the breath test, sends a clear message to drivers.

 

 

Currently, officers inform arrestees that their driver’s licenses will be immediately revoked for a year if they refuse to take a breath test. Attorney Nathan Swan, who represents an eastern Missouri man convicted of DWI, says his client only consented to the test out of fear of losing his license.

 

 

Attorney Nathan Swan, who represents a man convicted of DWI, says the process is only fair if drivers are made aware of all their options.

 

 

Swan argues that drivers should be told about the consequences for both refusing and agreeing to a breath test, which the state contends would be confusing.