DWI
U.S. park ranger was an arresting officer
Driver appealed from the Director of Revenue’s suspension of driver’s license, for refusing a breath test, to circuit court. Under the Implied Consent Law, the elements that the Director must prove in circuit court include probable cause for a DWI known to the “arresting officer.” Arresting officers include a United States park ranger and no delegation of authority from the Director is necessary. The criminal offenses eventually charged are irrelevant, as the Director’s standard Alcohol Intoxication Report form shows, and the form does not conflict with the statutes. Vacated and remanded for findings of fact on the elements that Director must show on the record already made.
CHRIS WOOD, Petitioner-Respondent v. DIRECTOR OF REVENUE, Respondent-Appellant
Missouri Court of Appeals, Southern District – SD37261