Refusal to consent to test, effect--procedures--hearing allowed,when.
302.750. 1. If a person refuses, upon the request of a lawenforcement officer pursuant to section 302.745, to submit to anytest allowed under that section, then none shall be given andevidence of the refusal shall be admissible in any proceeding todetermine whether a person was operating a commercial motorvehicle while under the influence of alcohol or controlledsubstances. In this event, the officer shall make a sworn reportto the director that he requested a test pursuant to section302.745 and that the person refused to submit to such testing.
2. A person requested to submit to a test as provided bysection 302.745 shall be warned by the law enforcement officerrequesting the test that a refusal to submit to the test willresult in that person being immediately placed out of service fora period of twenty-four hours and being disqualified fromoperating a commercial motor vehicle for a period of not lessthan one year if for a first refusal to submit to the test andfor life if for a second or subsequent refusal to submit to thetest. The director may issue rules and regulations, inaccordance with guidelines established by the secretary, underwhich a disqualification for life under this section may bereduced to a period of not less than ten years.
3. Upon receipt of the sworn report of a law enforcementofficer submitted under subsection 1 of this section, thedirector shall disqualify the driver from operating a commercialmotor vehicle.
4. If a person has been disqualified from operating acommercial motor vehicle because of his refusal to submit to achemical test, he may request a hearing before a court of recordin the county in which the request was made. Upon his request,the clerk of the court shall notify the prosecuting attorney ofthe county and the prosecutor shall appear at the hearing onbehalf of the officer. At the hearing the judge shall determineonly:
(1) Whether or not the law enforcement officer hadreasonable grounds to believe that the person was driving acommercial motor vehicle with any amount of alcohol in hissystem;
(2) Whether or not the person refused to submit to the test.
5. If the judge determines any issues not to be in theaffirmative, he shall order the director to reinstate theprivilege to operate a commercial motor vehicle.
6. Requests for review as herein provided shall go to thehead of the docket of the court wherein filed.
Refusal to consent to test, effect--procedures--hearing allowed,when.
302.750. 1. If a person refuses, upon the request of a lawenforcement officer pursuant to section 302.745, to submit to anytest allowed under that section, then none shall be given andevidence of the refusal shall be admissible in any proceeding todetermine whether a person was operating a commercial motorvehicle while under the influence of alcohol or controlledsubstances. In this event, the officer shall make a sworn reportto the director that he requested a test pursuant to section302.745 and that the person refused to submit to such testing.
2. A person requested to submit to a test as provided bysection 302.745 shall be warned by the law enforcement officerrequesting the test that a refusal to submit to the test willresult in that person being immediately placed out of service fora period of twenty-four hours and being disqualified fromoperating a commercial motor vehicle for a period of not lessthan one year if for a first refusal to submit to the test andfor life if for a second or subsequent refusal to submit to thetest. The director may issue rules and regulations, inaccordance with guidelines established by the secretary, underwhich a disqualification for life under this section may bereduced to a period of not less than ten years.
3. Upon receipt of the sworn report of a law enforcementofficer submitted under subsection 1 of this section, thedirector shall disqualify the driver from operating a commercialmotor vehicle.
4. If a person has been disqualified from operating acommercial motor vehicle because of his refusal to submit to achemical test, he may request a hearing before a court of recordin the county in which the request was made. Upon his request,the clerk of the court shall notify the prosecuting attorney ofthe county and the prosecutor shall appear at the hearing onbehalf of the officer. At the hearing the judge shall determineonly:
(1) Whether or not the law enforcement officer hadreasonable grounds to believe that the person was driving acommercial motor vehicle with any amount of alcohol in hissystem;
(2) Whether or not the person refused to submit to the test.
5. If the judge determines any issues not to be in theaffirmative, he shall order the director to reinstate theprivilege to operate a commercial motor vehicle.
6. Requests for review as herein provided shall go to thehead of the docket of the court wherein filed.
Refusal to consent to test, effect--procedures--hearing allowed,when.
302.750. 1. If a person refuses, upon the request of a lawenforcement officer pursuant to section 302.745, to submit to anytest allowed under that section, then none shall be given andevidence of the refusal shall be admissible in any proceeding todetermine whether a person was operating a commercial motorvehicle while under the influence of alcohol or controlledsubstances. In this event, the officer shall make a sworn reportto the director that he requested a test pursuant to section302.745 and that the person refused to submit to such testing.
2. A person requested to submit to a test as provided bysection 302.745 shall be warned by the law enforcement officerrequesting the test that a refusal to submit to the test willresult in that person being immediately placed out of service fora period of twenty-four hours and being disqualified fromoperating a commercial motor vehicle for a period of not lessthan one year if for a first refusal to submit to the test andfor life if for a second or subsequent refusal to submit to thetest. The director may issue rules and regulations, inaccordance with guidelines established by the secretary, underwhich a disqualification for life under this section may bereduced to a period of not less than ten years.
3. Upon receipt of the sworn report of a law enforcementofficer submitted under subsection 1 of this section, thedirector shall disqualify the driver from operating a commercialmotor vehicle.
4. If a person has been disqualified from operating acommercial motor vehicle because of his refusal to submit to achemical test, he may request a hearing before a court of recordin the county in which the request was made. Upon his request,the clerk of the court shall notify the prosecuting attorney ofthe county and the prosecutor shall appear at the hearing onbehalf of the officer. At the hearing the judge shall determineonly:
(1) Whether or not the law enforcement officer hadreasonable grounds to believe that the person was driving acommercial motor vehicle with any amount of alcohol in hissystem;
(2) Whether or not the person refused to submit to the test.
5. If the judge determines any issues not to be in theaffirmative, he shall order the director to reinstate theprivilege to operate a commercial motor vehicle.
6. Requests for review as herein provided shall go to thehead of the docket of the court wherein filed.
