Missouri DWI Law Now Allows the State to Introduce BAC Results from Blood Tests Obtained Using an Alcohol Swab
To my dismay as a DUI and DWI Lawyer, Gov. Matt Blunt recently signed legislation closing a claimed "loophole" in Missouri law that required the use of a non-alcohol swab when taking a blood test. If an alcohol swab is used the result is inadmissible in court.
How is this a loophole? Requiring police to properly administer a blood draw, that's a loophole? It is not difficult or unreasonable to require the use of an iodine swab or other permissible disinfectant, in fact most police carry blood draw packs that have all the necessary and previously allowed disinfectants.
On July 2, 2007 HB 574 was signed into law. It was prompted by a 2004 DWI arrest of Rep. Charles Portwood, R-Ballwin, following a one vehicle accident when his vehicle ran through a fence and hit a pool house.
The Officer that arrested him used an alcohol swab to draw the blood, therefore, the result was inadmissible and supposedly forced the prosecutor to drop the case. This is the excuse used to pass this law.
Fact is, almost everybody who refuses a test (therefore no BAC result) are still prosecuted, why? because your demeanor, smell, speech and other factors observed by the officer are admissible to show intoxication and are enough to convict you, granted it makes it harder.
