Davis v. Director of Revenue

Background and Procedural History

This case is about what is required for a driver’s refusal to submit to a breathalyzer test to be considered valid under Section 577.041 1 such that his license may be properly revoked.

On 28 February 2010, Appellant Darryl S. Davis (Appellant) was arrested on suspicion of driving while intoxicated. After being transported to the DeSoto Police Station, Appellant was read his Miranda rights, given the implied consent warning and the opportunity to contact a lawyer. The exact sequence of these events is what is at issue in this case. During the time Appellant was…