Missouri Court of Appeals, Western District / Feb 19, 2019
Ricky L. Mills vs. Director of Revenue
The Director of Revenue appealed the circuit court's judgment reinstating Ricky Mills's driver's license, which had been revoked for his refusal to submit to a chemical breath test. The trial court found Mills was not arrested for driving while intoxicated, only on an outstanding warrant. The appellate court reversed, holding that Mills was indeed arrested for driving while intoxicated because he was already in police custody for an unrelated warrant and was informed he was under arrest for the alcohol-related offense while not free to leave. The case was remanded for the trial court to make findings on the remaining elements required for license revocation.