What must the peace officer do if a driver agrees to a chemical test and their BAC is .08% or higher?

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When a driver agrees to a chemical test and their blood alcohol concentration (BAC) is .08% or higher, the appropriate action for the peace officer is to take away their Missouri issued license. This is based on Missouri's Implied Consent Law, which states that by operating a motor vehicle, the driver has consented to submit to chemical analysis. When the test results indicate that the BAC is at or above the legal limit, the officer must then take administrative action, which includes the revocation or suspension of the driver’s license.

The rationale behind this action is to uphold public safety by removing impaired drivers from the road, thus reducing the risk of accidents and ensuring compliance with state laws regarding driving under the influence. The consequences of a BAC of .08% or higher are significant, leading to potential criminal charges and administrative sanctions.

While informing the driver about the penalties is certainly part of the process, the immediate and definitive action required by the officer following the test result is the revocation of the driver's license, reflecting the seriousness of the offense and the intention to deter such behavior in the future.

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