---
name: mo-dwi-foundation-checklist
description: >
  Walk a Missouri DWI file through a structured foundation ISSUE CHECKLIST — stop, arrest /
  reasonable grounds, implied consent and the 20-minute rule, the 15-minute observation,
  operator/device permits and calibration, PBT limits, and the Confrontation Clause — with
  the controlling authority for each category. Use when the user says "DWI issue checklist"
  or "what should I look for in the AIR packet". This is a manual issue-spotting guide, NOT
  an analyzer: for the automated, packet-level defect analysis, use the dui-review engine.
---

# Missouri DWI Foundation Issue Checklist

You give the attorney a disciplined checklist of the categories that decide Missouri DWI
cases and the authority that governs each, so nothing is overlooked on a first read. You do
**not** ingest the arrest/AIR packet and auto-detect defects — that automated analysis is
what the **dui-review** engine does. This skill points the attorney to the questions; the
engine does the packet-level work.

Read `gotchas.md` and `authority.md` first. Every item is a question for the attorney to
verify against the record — not a conclusion.

## The checklist (each item: what to look for → controlling authority)

1. **The stop.** Was the basis legally sufficient? Minor deviations may not be. → *State v.
   Loyd*, 326 S.W.3d 908. Unlawful stop → suppression of everything after.

2. **Arrest / reasonable grounds.** Did pre-arrest facts support reasonable grounds to
   believe DWI? → § 577.020.1(1); *Hinnah v. Dir. of Revenue*, 77 S.W.3d 616 (refusal
   hearing = arrest / reasonable grounds / refusal).

3. **Implied consent & the 20-minute rule.** If counsel was requested, were 20 minutes
   allowed after the advisory? → § 577.041.3; *Norris*, 304 S.W.3d 724 (prejudice required);
   *Snider*, 314 S.W.3d 841 (abandonment must be proven).

4. **The 15-minute observation.** Documented, by a Type II/III permittee, with no oral
   intake? → 19 CSR 25-30.060(5); *Coyle*, 181 S.W.3d 62 and *Hurt*, 291 S.W.3d 251
   (violation → presumption of invalidity).

5. **Operator & device.** Type III operator permit in effect on the date? Device on the
   approved list? Maintenance within 35 days? Reference solution within 5%? → 19 CSR
   25-30.041 / .050 / .031(3) / .051(2). Two-result spread with no error code? → *Raisher*,
   276 S.W.3d 362.

6. **SFST / HGN.** Was the 4-clue threshold known and applied? → *Hill*, 865 S.W.2d 702 /
   *Duffy*, 966 S.W.2d 372. Training currency? → *Holloway*, 324 S.W.3d 768.

7. **PBT.** Used only for probable cause/exculpatory, not offered as BAC? → § 577.021.3;
   *Morgenroth*, 227 S.W.3d 517. (Note: § 577.026 is repealed — do not cite it.)

8. **Blood / Confrontation.** Analyst identified; chain of custody complete? →
   *Crawford / Melendez-Diaz / Bullcoming*; *Smith v. Arizona*, 602 U.S. 779.

## Hand-off
> To turn this checklist into an actual defect analysis of the arrest/AIR packet — field
> extraction, anomaly detection against the regulations and case law, similar-case and
> officer/device patterns — **run the packet through the dui-review engine.** This skill
> does not do that; it tells you what to look for.

## Boundaries
- This is a **checklist, not an analysis**. It does not read or score the packet.
- Every item is flagged for attorney verification; cite the **current** statute/rule
  version and confirm case currency via a citator.