Vanderpool v. Director of Revenue

Decision Date29 May 2007
Docket NumberNo. SC 88013.,SC 88013.
PartiesFrankie Ray VANDERPOOL III, Respondent, v. DIRECTOR OF REVENUE, Appellant.
CourtMissouri Supreme Court

RICHARD B. TEITELMAN, Judge.

The Director of Revenue appeals from a judgment reinstating the driving privileges of Frankie Ray Vanderpool. The director asserts that the circuit court erred in concluding that blood alcohol test results were inadmissible because the test administrator did not conduct an uninterrupted 15-minute observation prior to administering the test. In Coyle v. Director of Revenue, 181 S.W.3d 62 (Mo. banc 2005), this Court established that that failure to conduct a 15-minute observation is not, standing alone, a sufficient basis to undermine the validity of blood alcohol test results. Therefore, the circuit court erred in finding that the test results were inadmissible. The judgment is reversed, and the case is remanded.1

FACTS

On September 7, 2003, at 2:00 a.m., Vanderpool was arrested for driving while intoxicated. He was handcuffed, placed in the patrol car, and transported to the Benton County sheriff's department. The drive to the sheriff's department took approximately 25 to 30 minutes. At 2:39 a.m., a blood alcohol breath test was administered. The test showed Vanderpool's blood alcohol content was .166, which exceeds the legal limit of .08.

The director notified Vanderpool that his driver's license had been suspended, pursuant to section 302.505, for "driving a motor vehicle while the alcohol concentration in [his] blood, breath, or urine was eight-hundredths of one percent or more by weight." Vanderpool requested and obtained administrative review of his suspension. The suspension was upheld. Vanderpool then petitioned for de novo review of the suspension in the circuit court of Benton County.

At trial, Vanderpool objected to the admission of the breath test on the grounds that the trooper did not comply with the 15-minute observation period. The circuit court sustained Vanderpool's objection because "the arresting officer did not observe [Vanderpool] for 15 minutes as required." The circuit court found that during part of the 15-minute observation period, the trooper was driving the patrol car and that his testimony that he observed Vanderpool was not credible. Without the blood alcohol test results, the director was unable to establish a prima facie case for suspension. Accordingly, the circuit court set aside the suspension. The director appeals.

ANALYSIS

The trial court's judgment reinstating Vanderpool's driving privileges will be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Walker v. Dir. of Revenue, 137 S.W.3d 444, 446 (Mo. banc 2004). As to the admission of evidence, the circuit court's decision is reviewed for abuse of discretion. Vernon v. Director of Revenue, 142 S.W.3d 905, 909 (Mo.App. S.D. 2004).

In order to establish a prima facie case for suspension of a driving license for driving while intoxicated, the director must present evidence showing "(1) probable cause for the arrest and [that] (2) the driver's blood alcohol level exceeded the legal limit." Coyle v. Director of Revenue, 181 S.W.3d 62, 64 (Mo. banc 2005). To establish a foundation for admitting blood alcohol test results, the director must establish that the test was performed: (1) following approved techniques and methods of the division of health, (2) by an operator holding valid permit, (3) on equipment and devices approved by the division. Id.

Among the approved techniques and methods for administering a blood alcohol test is that the test administrator must observe the test subject for 15 minutes prior to administration of the test. 19 CSR 25-30.060. For purposes of this case, the regulations...

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18 cases
  • Carvalho v. Dir. of Revenue
    • United States
    • Missouri Supreme Court
    • March 19, 2019
    ...evidence showing probable cause for the arrest and that the driver’s blood alcohol level exceeded the legal limit. Vanderpool v. Director of Revenue, 226 S.W.3d 108, 109 (Mo. banc 2007). The director has the burden of proof and the burden of persuasion. White, 321 S.W.3d at 305. Section 577......
  • Dejarnette v. State
    • United States
    • Court of Special Appeals of Maryland
    • July 6, 2021
    ... ... See Vanderpool v. Dir. of Revenue , 226 S.W.3d 108, 110 (Mo. 2007) (15-minute observation period); State v. Charan ... ...
  • Dejarnette v. State
    • United States
    • Court of Special Appeals of Maryland
    • March 25, 2022
    ...during that time. This conclusion does not support the outcome that Dejarnette urges us to reach in his case. Vanderpool v. Dir. of Revenue, 226 S.W.3d 108 (Mo. 2007) (en banc ), is among the cases that Dejarnette cites for the proposition that courts have determined that compliance with an......
  • Dejarnette v. State
    • United States
    • Maryland Court of Appeals
    • March 25, 2022
    ...with an observation period goes to admissibility of breath test results, not weight.[12] Dejarnette's description of the holding in Vanderpool-that the Supreme Court Missouri held that a breath test is not admissible "where an officer failed to conduct fifteen minutes of continual observati......
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