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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117358
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I thought it was manditory to drug test when death is

Customer Question

I thought it was manditory for them to drug test when death is involved. They actually said that we checked him for alcohol but they observed him and didn't see anything that would warrant it. He still works at the same place doing the same job. What is up with that
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under MO Implied consent laws, in pertinent part:

577.020. 1. Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent to, subject to the provisions of sections 577.019 to 577.041, a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood pursuant to the following circumstances:


(5) If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or a readily apparent serious physical injury as defined in section 565.002, or has been arrested as evidenced by the issuance of a uniform traffic ticket for the violation of any state law or county or municipal ordinance with the exception of equipment violations contained in chapter 306, or similar provisions contained in county or municipal ordinances; or


(6) If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or serious physical injury as defined in section 565.002.

So what the law says is that you cannot refuse and have deemed to have given consent to a test if there was a fatality under the implied consent law, but there is no mandatory testing required in all fatalities in Missouri, even though MADD is pushing for such laws.

Customer: replied 1 year ago.
I find that unreal. My husband was killed on a motorcycle cause of this guy. I sued the company but that doesn't make it any better. He admitted seeing him. But because it was one headlight he thought he could beat him. All he had to do was cross over the street. But he couldn't wait another 8 to 10 seconds more. The car said what he did or didn't do. Like he didn't come to a complete stop and he reversed up the engine and took off.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply

I find it unfair as well and happen to agree with MADD that states need to implement mandatory testing in all serious injury and fatality accidents. However, just because the driver was not tested for intoxication does not mean that the driver and his insurer is not liable in civil court for the death and your loss.