302.510. Arresting officer, duties--certain arrests not to be basis for administrative suspension or revocation. - Missouri Statutes

Arresting officer, duties--certain arrests not to be basis foradministrative suspension or revocation.

302.510. 1. Except as provided in subsection 3 of this section, alaw enforcement officer who arrests any person for a violation of any statestatute related to driving while intoxicated or for a violation of a countyor municipal ordinance prohibiting driving while intoxicated or a county ormunicipal alcohol-related traffic offense, and in which the alcoholconcentration in the person's blood, breath, or urine was eight-hundredthsof one percent or more by weight or two-hundredths of one percent or moreby weight for anyone less than twenty-one years of age, shall forward tothe department a certified report of all information relevant to theenforcement action, including information which adequately identifies thearrested person, a statement of the officer's grounds for belief that theperson violated any state statute related to driving while intoxicated orwas less than twenty-one years of age and was driving with two-hundredthsof one percent or more by weight of alcohol in the person's blood, or acounty or municipal ordinance prohibiting driving while intoxicated or acounty or municipal alcohol-related traffic offense, a report of theresults of any chemical tests which were conducted, and a copy of thecitation and complaint filed with the court.

2. The report required by this section shall be certified underpenalties of perjury for making a false statement to a public official andmade on forms supplied by the department or in a manner specified byregulations of the department.

3. A county or municipal ordinance prohibiting driving whileintoxicated or a county or municipal alcohol-related traffic offense maynot be the basis for suspension or revocation of a driver's licensepursuant to sections 302.500 to 302.540, unless the arresting lawenforcement officer, other than an elected peace officer or official, hasbeen licensed by the director of the department of public safety pursuantto the provisions of chapter 590, RSMo.

(L. 1983 S.B. 318 & 135 § 4, A.L. 1984 S.B. 608 & 681, A.L. 1991 S.B. 125 & 341, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38, A.L. 2005 H.B. 487)