Missouri Implied Consent Notice (DWI breath testing) Unlawful Due to Coercive Nature of the Warning
Missouri's Implied consent statute, 577.041.1, is under review by the MO Supreme Court after an appellate court ruled the language used in the implied consent warning is "coercive" for using the inaccurate word "immediately" when warning of consequences for a breath test refusal. The driver actually has fifteen (15) days before have his or her license suspended, and therefore the use of the "word" is patently false and misleading and therefore a violation of one's due process rights.
