Duncan v. Safety Responsibility Unit, Department of Revenue

This is an appeal by appellant, Donald C. Duncan, from an order, of the Circuit Court of St. Louis County entered on August 4, *6201976, denying his petition to set aside a revocation of his driver’s license for refusal to submit to a chemical test under § 564.-444, RSMo.

The issue presented is a narrow one— what constitutes a “refusal” to submit to a chemical breathalyzer test under § 564.444? More specifically, the issue to be resolved is: when a driver is arrested for driving while intoxicated and is requested to submit to a chemical breathalyzer test after being informed that his license…