Schneider v. Director of Revenue, 339 S.W.3d 533

Schneider was arrested for driving while intoxicated on Dec. 6, 2008 and subjected to a breath test.
Officer Thompson administered the test, possessed a valid DHSS permit, and completed a compliance checklist.
Schneider’s test showed a blood alcohol concentration of .121%, leading to suspension of his driving privileges.
Schneider objected to admissibility, arguing the test violated §§ 577.020-577.041 and implied consent requirements.
Schneider argued the 2007 Executive Order transferred BAP responsibilities to MoDOT, potentially rendering the test noncompliant.
The circuit court admitted the breath test results after overruling Schneider’s objections, and judgment upheld the suspension.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the breath test complied with §§ 577.020-577.041.	Schneider: DHSS transfer to MoDOT on 8/28/2007 rendered test noncompliant.	Director: test complied because DHSS administered under valid permit and DHSS methods.	No basis to find noncompliance; test admitted.
Whether the 2007 Order mandated immediate BAP transfer on August 28, 2007.	Schneider: order required immediate transfer of BAP to MoDOT on 8/28/2007.	Director: order contemplated gradual transfer and ongoing cooperation.	Order contemplated gradual transfer, not immediate effect.
Whether subsequent orders/agreements negate the 2007 Order's effect.	Schneider: later orders imply transfer to DHSS.	MoDOT/DHSS agreements and later orders do not contradict gradual transfer.	Later orders not inconsistent with gradual transfer; admissibility unaffected.

Reed v. Dir. of Revenue, 184 S.W.3d 564 (Mo. 2006) (noncompliance renders test inadmissible; supports implied-consent principles)
K.L.D. v. State, Dept. of Social Servs., 118 S.W.3d 283 (Mo.App. W.D. 2003) (discusses reorganization plans and transfer effects under §26.500-26.540)
Flores v. Reagen, 792 S.W.2d 1 (Mo.App. W.D. 1990) (executive-order transfers lacking direct transfer language do not dictate immediate effect)