302.520. Arresting officer to serve notice of suspension or revocation, when--to possess license, issue temporary permit, give written notice of driver's rights and responsibilities--application f - Missouri Statutes

Arresting officer to serve notice of suspension or revocation,when--to possess license, issue temporary permit, give writtennotice of driver's rights and responsibilities--application forhearing.

302.520. 1. Whenever the chemical test results are available to thelaw enforcement officer while the arrested person is still in custody, andwhere the results show an alcohol concentration of eight-hundredths of onepercent or more by weight of alcohol in such person's blood or where suchperson is less than twenty-one years of age and the results show that thereis two-hundredths of one percent or more of alcohol in the person's blood,the officer, acting on behalf of the department, shall serve the notice ofsuspension or revocation personally on the arrested person.

2. When the law enforcement officer serves the notice of suspensionor revocation, the officer shall take possession of any driver's licenseissued by this state which is held by the person. When the officer takespossession of a valid driver's license issued by this state, the officer,acting on behalf of the department, shall issue a temporary permit which isvalid for fifteen days after its date of issuance and shall also give theperson arrested a notice which shall inform the person of all rights andresponsibilities pursuant to sections 302.500 to 302.540. The notice shallbe in such form so that the arrested person may sign the original asevidence of receipt thereof. The notice shall also contain a detachableform permitting the arrested person to request a hearing. Signing thehearing request form and mailing such request to the department shallconstitute a formal application for a hearing.

3. A copy of the completed notice of suspension or revocation form, acopy of any completed temporary permit form, a copy of the notice of rightsand responsibilities given to the arrested person, including any requestfor hearing, and any driver's license taken into possession pursuant tothis section shall be forwarded to the department by the officer along withthe report required in section 302.510.

4. The department shall provide forms for notice of suspension orrevocation, for notice of rights and responsibilities, for request for ahearing and for temporary permits to law enforcement agencies.

(L. 1983 S.B. 318 & 135 § 6, 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)

Effective 9-29-01