Refusing to take a breathalyzer test can result in a search warrant and the loss of your driver`s licence for one year, during which time a judge will determine when your driver`s licence can be reinstated. While refusing to take a breathalyzer test leaves out a crucial piece of evidence, you can still be convicted by a DWI in court. If you drive in Missouri, you have already accepted a blood alcohol test and bugged during the test. That`s right! Under the Missouri Implicit Consent Act, anyone driving a vehicle in Missouri is deemed to have already accepted a breathalyzer test to determine the degree of intoxication. Because breathalyzer results that vary hundredths of a degree can mean the difference between jail time, a suspended license, or returning home, their accuracy is important. You can accept or refuse a breathalyzer test if you are suspected of driving under the influence of drugs or alcohol. While the options may seem simple, your answer isn`t due to the implications for everyone – so choose wisely. Missouri has two types of procedures that you need to be aware of if you were hired with a DWI – administrative and judicial. We recommend that you contact a DUI/DWI attorney immediately to ensure you receive the best advice for your particular situation, as laws are constantly changing. Warrants for an arrest of a driver – If a driver refuses to submit to a breathalyzer test or blood test, the police can go to court and obtain an arrest warrant that allows for a forced test. If the driver receives the arrest warrant, he no longer has the right to refuse breath or blood tests.
The arrest warrant allows the police to test violently if necessary. This article provides general information to consider when you are asked to take a breathalyzer test, including your right to contact a lawyer within a certain period of time, and helps you understand the implications of accepting or refusing such tests. There are a number of strategies in place to combat and often overturn DWI charges in Missouri. An experienced DWI attorney will investigate all aspects of your arrest – from the officer`s actions to the breathalyzer used. Understanding the frequent breathalyzer abuse is extremely important in combating drunk driving charges. Accepting a breathalyzer test to determine your blood alcohol level provides police and prosecutors with evidence of the blood alcohol level (CBA) that will be used against you in court. Missouri`s strict “zero tolerance” laws make these results particularly frightening. Missouri`s DWI laws state that the only evidence needed to convict someone is a breathalyzer test of 0.08% or more.
A result of 0.15% can lead to a “harder DWI” with harsher penalties. One case we won recently was when the driver was unconscious and taken to hospital. The officer wrote it as a refusal, but the driver was unconscious and could not have refused, so the driver`s licence was dismissed. Drunk driving laws in Missouri and Illinois are getting tougher every year as MADD and other groups constantly push lawmakers to crack down on already tough laws. Overzealous enforcement, while political pressure on state law enforcement agencies, means that good citizens and people are treated like criminals every day. By law, you have 20 minutes to determine whether you agree to take or refuse the breathalyzer test. During these 20 minutes, you can contact a lawyer for advice. However, keep in mind that at the end of the 20 minutes, you must agree to take the test or automatically lose your license for 1 year. Consequences of Denying a Breathalyzer/Blood Test in Missouri License Revocation – Under Missouri law, denying a lawful request from an officer to perform a breath or blood test will result in a one-year driver`s license suspension. The arresting officer will immediately revoke your driver`s licence and send you a declaration of revocation. The revocation takes effect after 15 days, unless the circuit court decides otherwise.
You have 30 days to object to the withdrawal. A driver who has been cited for refusing to take a breathalyzer test or blood test in Missouri may file a motion for review with the circuit or associated circuit court where he received the notification. The defendant has 30 days from the date of notification of the revocation to request oral proceedings. If an oral hearing is not requested within 30 days, or if the court confirms the revocation at an oral hearing, the one-year period to revoke the licence begins. A refusal to take a breathalyzer/blood test in Missouri will appear permanently in the driver`s driving record. But if the only thing you need to condemn yourself is imperfect, where are you? Missouri`s drunk driving laws state that citizens give “implied consent.” If you choose “chemical revocation” or refuse to breathe, your licence will be suspended for 1 year. According to statistics from the U.S. Centers for Disease Control and Prevention, more than 3,300 people were killed by a drunk driver in Missouri between 2003 and 2012. In fact, DWI are responsible for about one in three deaths in the United States. Therefore, the laws provide for severe penalties. One of the ways states like Missouri are trying to combat impaired driving is through implied consent laws. Anyone driving a motor vehicle on Missouri highways is legally considered “consented” to a blood or alcohol test if a police officer has “reasonable grounds” to believe the person is driving under the influence of alcohol.
In Missouri, a person is guilty of DWI if their blood alcohol level is 0.08% or higher (or 0.02% for drivers under 21). Evidence – If the matter goes to court, refusal to take breath or a blood test can be used as evidence against a driver in court. While the refusal to undergo breath or blood tests does not directly prove the DWI`s charge, prosecutors could argue that the refusal was intended to cover up the intoxication. Unless an appeal is successfully filed, your licence will remain suspended for one year, even if you are never criminally charged or convicted of DWI. It may be possible to obtain a special driver`s license known as a limited driving privilege (LDP), which allows you to get to work and some important matters (such as doctor`s appointments).