Driver’s License: Suspension of License-DUI-Collateral Recordkeeping Requirements

Defendant submitted to a breathalyzer test, which showed that his BAC was .087, more than the legal limit of .08. Defendant challenged his subsequent suspension of his driver’s license, alleging that the failure to comply with collateral recordkeeping requirements did not require reversal of defendant’s license suspension.

Where the implied consent notice provided to defendant was not inaccurate nor was defendant required to be informed of the collateral consequences of taking a breathalyzer, the collateral recordkeeping requirements of the breath test did not affect its admissibility for suspension of defendant’s license.

Judgment is affirmed.

Carvalho v. Director of Revenue (MLW No. 72943/Case No. SC97394 – 18 pages) (Missouri Supreme Court, Stith, J.; all concur) Appealed from Circuit Court, Franklin County, Williams, J. (Nathan T. Swanson and Matthew D. Fry for plaintiff) (Zachary Bluestone and Morgan L. Brewington for the director of revenue)

Employer-Employee