Whitaker v. Director of Revenue

Appellant, the Director of Revenue (“Director”), appeals the judgment of the Circuit Court of Franklin County reinstating David L. Whitaker’s (“driver’s”) driving privileges which had been revoked pursuant to RSMo § 577.041.1 We reverse and remand.

Driver was arrested on June 28, 1995, for driving while intoxicated. The arresting officer requested driver take a breathalyzer test to determine his blood alcohol content (“BAC”), informing him that if driver refused to take the test the officer would have to “file a sworn affidavit to the Director of Revenue who shall revoke your drivers license…