DWI
Time to Consult Counsel Starts with Reading of Implied Consent Law
Statutes require reading of the implied consent law, and 20 minutes for driver to consult a lawyer on request, before driver must either take or refuse a chemical test. The purpose is a choice informed by the consequences for refusal. Therefore, requesting a lawyer was sufficient to invoke the 20 minutes, but it did not use up that time when the reading of the implied consent law had not yet occurred. “The failure to provide [driver] 20 minutes to contact an attorney after being read the implied consent law (despite being afforded that opportunity before) violated the 20-minute rule, and resulted in prejudice [.]” Judgment affirming suspension reversed and remanded.
Breeanna K. Kisner vs. Director of Revenue
Missouri Court of Appeals, Western District – WD84603