Missouri Revised Statutes
Mo. Rev. Stat. § 577.033 (2026)
Inability of person to be tested to refuse, effect
✓ current as of May 2026
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577.033. Inability of person to be tested to refuse, effect. — Any person who is dead, unconscious or who is otherwise in a condition rendering him incapable of refusing to take a test as provided in sections 577.020 to 577.041 shall be deemed not to have withdrawn the consent provided by section 577.020 and the test or tests may be administered.
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(L. 1982 S.B. 513)
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1984–2021 · leading case: Nace v. Dir. of Revenue, 123 S.W.3d 252 (Mo. Ct. App. 2003).
Nace v. Dir. of Revenue, 123 S.W.3d 252 (Mo. Ct. App. 2003). “Nace relies on section 577.033 for this proposition, which states: Any person who is dead, unconscious or who is otherwise in a condition rendering him incapable of refusing to take a test as provided in sections 577.”
Cartwright v. Dir. of Revenue, 824 S.W.2d 38 (Mo. Ct. App. 1991). “Section 577.033, RSMo 1986, provides that a person who is unconscious or is otherwise in a condition rendering him incapable of refusing to take a test shall be deemed not to have withdrawn the consent provided by § 577.”
Knipp v. Dir. of Revenue, 984 S.W.2d 147 (Mo. Ct. App. 1998). “” 2 The Director speculates that the trial court must have determined Knipp was in a condition rendering him incapable of refusing under § 577.033. She then argues that whether Knipp was physically able to give a blood sample is irrelevant under the statute because he verbally…”
Jonathan Albert Leal v. State, 452 S.W.3d 14 (Tex. App. 2014). “§§ 63-11-5 , 63-11-8, 63-11-21 (Westlaw); Mo. Rev. Stat. §§ 577.033 , 577.041 (Westlaw) (amended 2014); Mont.”
State v. Clark, 55 S.W.3d 398 (Mo. Ct. App. 2001). “” On the other hand, § 577.033 provides that “[a]ny person who is dead, unconscious or who is otherwise in a condition rendering him incapable of refusing to take a test as provided in sections 577.”
Berry v. Dir. of Revenue, 885 S.W.2d 326 (Mo. 1994). “If the judge determines any issue not to be in the affirmative, he shall order the director to reinstate the license or permit to drive. Berry first contends that because of his injuries he was not physically able to refuse a chemical test within the meaning of § 577.”
Hursh v. Dir. of Revenue, 272 S.W.3d 914 (Mo. Ct. App. 2009). “She argues that her inability to provide an adequate sample was not an exercise of her free will or a deliberate decision.”
Berry v. State, 214 S.W.3d 413 (Mo. Ct. App. 2007). “Finally, citing Section 577.033 of the implied consent law, the court noted that Movant’s "foolhardy kamikaze” plan to testify that he was unconscious at the accident scene "would have destroyed any chance whatsoever of having the blood and urine test results suppressed.”
Rogers v. Dir. of Revenue, 184 S.W.3d 137 (Mo. Ct. App. 2006). “Section 577.033 provides, "Any person who is dead, unconscious or who is otherwise in a condition rendering him incapable of refusing to take a test as provided in sections 577.”
Beach v. Dir. of Revenue, 188 S.W.3d 492 (Mo. Ct. App. 2006). “Indeed, had Beach been injured to the point that he was not capable of refusing to submit to the test, York could have administered the test pursuant to Section 577.033, RSMo 2000, which says, "Any person who is dead, unconscious or who is otherwise in a condition rendering him…”
State v. Copeland, 680 S.W.2d 327 (Mo. Ct. App. 1984). “§ 577.033, RSMo Supp.1982 (since amended, see RSMo Supp.”
Eyberg v. Dir. of Revenue, 935 S.W.2d 376 (Mo. Ct. App. 1996). “Section 577.033 is another statute on the same subject as § 577.”
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