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Driver’s License : DWI – Breath Test – Refusal

Where a driver asked to speak to an attorney, but the record did not show whether the driver spoke to an attorney or whether the officer asked the driver to submit to the breath test again after the expiration of the 20-minute period, it was unclear from the alcohol influence report whether the driver continued to refuse the test after being given the opportunity to contact an attorney, so the judgment of revocation was not supported by the evidence.

Judgment is reversed.

McPhail v. Director (MLW No. 67256/Case No. ED101307 – 7 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.) Appealed from circuit court, St. Louis County, Hood, J. (John W. Peel for appellant) (Rachel M. Jones for respondent).

Read the full text of this opinion. (PDF)