Boone County judge sets aside license suspension for state senator with DWI

COLUMBIA, Mo. -- A judge has reinstated the driving privileges of state Sen. Chuck Graham less than three months after the Columbia Democrat was charged with drunken driving.

After a brief hearing Thursday in Boone County Associate Circuit Court, Graham's attorney said the mandatory driver's license suspension had been set aside. Under an agreement between his lawyer and prosecutors, Graham's driving privileges were restored.

According to court records, Graham and special prosecutor Mark Richardson agreed that Graham did not legally refuse to take a breath test. Richardson is the prosecuting attorney for neighboring Cole County and was tapped to handle the case for the Boone County prosecuting attorney.

Richardson did not immediately return a call seeking comment. A spokesman for Graham told the Columbia Daily Tribune that "this matter is settled."

According to a police report, after the senator was arrested, he urinated, spoke with an attorney and then asked to be taken to the hospital after discovering a bruise on his arm. Police six times asked Graham to submit to a test for intoxication. Graham repeatedly said, "I am not refusing anything, I need to go to the hospital."

Graham pleaded guilty to misdemeanor dirving while intoxicated last month and paid a $500 fine and $122 in court costs. He was taken into custody Oct. 20 in Columbia after his vehicle rear-ended a car that then struck another vehicle. Graham refused a Breathalyzer test, but toxicology tests put his blood alcohol content at about 0.143, which is almost two times Missouri's threshold for intoxication at 0.08.

Although he didn't lose his license for failing to take the breath test, state driver's license records show that a suspension is pending for cumulating too many points. A conviction for drunken driving brings eight points. That brings a 30-day suspension of driving privileges -- plus another 60 days with limitations.

After that, motorists must pay $45 and complete a substance abuse program.

State records show that Graham's license is scheduled to be suspended from Jan. 22 until April. That can be appealed.

By driving in Missouri, motorists are presumed to give "implied consent" to be tested for intoxication or face a yearlong driver's license suspension. A motorist who requests to speak with a lawyer after being asked to submit to a test is allowed 20 minutes.

Graham argued that the police officer who arrested him did not have the right to demand an intoxication test. State law permits intoxication tests when police issue traffic tickets, respond to serious injury or fatal accidents, or arrest someone and believe they were driving drunk.