Teson v. Director of Revenue

ROBERTSON, Judge.

Section 577.041.1, RSMo 1994, requires that a law enforcement officer arresting a person for driving while intoxicated “shall *196inform the person ... that his license shall be immediately revoked upon his refusal to take the test [to determine the alcohol content of his blood].” When an arrestee refuses to submit to a chemical test and the arresting officer fails to use the word “immediately” in warning the arrestee of the consequences of refusal, may the Director of Revenue nevertheless revoke the arrestee’s driving privilege?

We hold that section 577.041.1 requires a law…