Missouri Court of Appeals, Southern District / Jul 9, 2019
SYLVIA PAULETTA JOHNSON, Respondent vs. DIRECTOR OF REVENUE, Appellant
Sylvia Pauletta Johnson appealed the setting aside of an administrative suspension of her driving privileges for an excessive blood-alcohol level. The trial court found insufficient foundation for the BAC test results, citing multiple tests and lack of implied consent. The appellate court reversed and remanded, holding that the trial court erred as a matter of law because the blood draw was consensual, not an implied consent/refusal case, and no law limits consensual attempts to obtain a sufficient sample.