306.116. Operation of vessel deemed consent to chemical tests, when--limitation--procedure--information available. - Missouri Statutes

Operation of vessel deemed consent to chemical tests,when--limitation--procedure--information available.

306.116. 1. Any person who operates a vessel upon the MississippiRiver, Missouri River or the lakes of this state shall be deemed to havegiven consent to, subject to the provisions of sections 306.111 to 306.119,a chemical test or tests of such person's breath, blood, urine, or salivafor the purpose of determining the alcohol or drug content of such person'sblood if arrested for any offense arising out of acts which the arrestinglaw enforcement officer had reasonable grounds to believe were committedwhile the person was operating a vessel upon the Mississippi River,Missouri River or lakes of this state in violation of section 306.111 or306.112. The test shall be administered at the direction of the arrestinglaw enforcement officer whenever the person has been arrested for theoffense.

2. The implied consent to submit to the chemical tests listed insubsection 1 of this section shall be limited to not more than two suchtests arising from the same arrest, incident, or charge.

3. The person tested may have a physician, or a qualified technician,chemist, registered nurse, or other qualified person of such person'schoosing and at such person's expense administer a test in addition to anyadministered at the direction of a law enforcement officer. The failure orinability to obtain an additional test by a person shall not preclude theadmission of evidence relating to the test taken at the direction of a lawenforcement officer.

4. Upon the request of the person who is tested, full informationconcerning the test shall be made available to such person.

(L. 1993 S.B. 167, A.L. 2005 H.B. 353)