Missouri's Implied Consent statute allows Drivers 20-minutes to contact a lawyer for a "private" consultation prior to breath test decision
Because law enforcement deprived a Missouri driver of his right to confer 'privately' with his attorney prior to a breath test, and since the director failed to show the driver was not prejudiced, his refusal to consent to the chemical test was not voluntary and unequivocal, and therefore the circuit court erred in sustaining the revocation of his driving privileges. Petitioner's driving privileges should be restored.
