Refusing a Breathalyzer in Missouri
Refusing a breathalyzer test in Missouri, as in many other states, carries significant legal consequences and implications for individuals suspected of driving while intoxicated. The decision to decline a breathalyzer test is a critical one that can affect a person’s driving privileges, legal rights, and future.
In Missouri, like most states, implied consent laws stipulate that by obtaining a driver’s license and driving on the state’s roads, individuals implicitly agree to submit to chemical tests, including breathalyzers if law enforcement suspects them of DWI. Refusing to take a breathalyzer test is considered a violation of this implied consent, and the consequences can be severe.
Consequences of Refusing a Breathalyzer in Missouri
First and foremost, refusing a breathalyzer test can lead to an immediate suspension of your driver’s license. In Missouri, the Department of Revenue can suspend your license for one year for the first refusal and even longer for subsequent refusals. This suspension can disrupt your daily life, making it challenging to commute to work, school, or other essential activities.
Additionally, refusing a breathalyzer can have implications for a related criminal charge of DWI. While the prosecution may not have a breathalyzer result to use as evidence, the refusal itself can be presented as evidence of guilt. Jurors may interpret the refusal as a consciousness of guilt. This can weaken the defendant’s case and potentially lead to a conviction.
Penalties for Refusing a Breathalyzer in Missouri
When a driver refuses a breathalyzer in Missouri, the consequences extend beyond license revocation. Law enforcement officers must inform drivers that refusal triggers automatic penalties under implied consent laws, regardless of whether they are ultimately convicted of DWI.
A first-time breathalyzer refusal results in a one-year license revocation with no possibility of obtaining a restricted driving privilege for the first 90 days. The Department of Revenue requires the completion of a Substance Abuse Traffic Offender Program (SATOP) before reinstating driving privileges. Additionally, drivers must file SR-22 insurance for a minimum of two years.
If convicted of the underlying DWI charge, the court mandates the installation of an ignition interlock device for at least six months on any vehicle the offender operates. This requirement applies even without a blood alcohol content reading. The device must include a camera feature and be installed at the offender’s expense.
Multiple refusals within a five-year period result in a two-year license revocation, with no possibility of restricted driving privileges for the first year. These administrative penalties are separate from any criminal consequences of a DWI conviction, which may include fines, jail time, and mandatory substance abuse treatment.
How Can a St. Louis DWI Lawyer Help
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St. Louis DWI lawyer can stop the automatic one-year revocation by filing a petition for review and request a stay order from the court. It is important to act quickly because the petition must be filed within 30 days of the arrest. For most first-time offenders, the prosecutor will make an offer to “confess” the petition which will result in the one-year revocation being dropped. Generally, this offer will consist of completing community service, completing classes, and pleading guilty to the DWI.
If an offer cannot be reached the petition will be heard in front of a judge. At the hearing, the prosecutor has the burden of establishing that the officer had reasonable grounds to arrest you for DWI and that you did in fact
refuse a breath test after being read implied consent.
Legal Counsel Can be Crucial for Guidance and Representation
In conclusion, refusing a breathalyzer test in Missouri is a decision that carries significant legal consequences, including license suspension, potential court penalties, and the mandatory use of ignition interlock devices. It is crucial for individuals facing DWI charges to consult with an attorney who can provide guidance and representation throughout the legal process.
If you or a loved one refused a breathalyzer after being arrested for DWI, contact us at 314-526-3779 for a free consultation.
FAQ
1. Can I legally refuse a breathalyzer test in Missouri?
Yes, you may refuse a breathalyzer (or other chemical test) even under Missouri’s implied-consent law; however, doing so triggers automatic administrative penalties.
2. What are the immediate consequences of refusing a breathalyzer test in Missouri?
Refusing can lead to an automatic revocation of your driver’s license for one year (first refusal) even if you are never convicted of a DWI. You will typically receive a temporary permit for up to 15 days before the full revocation takes effect.
3. Does refusing the test affect criminal DWI charges?
Yes. While refusal isn’t a separate criminal offense in itself, prosecutors may use your refusal as evidence of consciousness of guilt, and you may still face DWI charges based on other evidence (such as field sobriety tests or officer observations).
4. Can I challenge the license revocation after refusing a test?
Yes. You have a limited period (often around 30 days from notice) to file a petition or request a hearing to challenge the administrative revocation of your driving privileges. Success may depend on whether the arresting officer had lawful grounds or followed procedural rules.
5. What additional penalties or long-term consequences will I face after refusing a breathalyzer?
Beyond license revocation, consequences may include the need to file SR-22 insurance, installation of an ignition-interlock device (IID) to regain driving privileges, higher insurance premiums, and a refusal notation on your driving record which may affect employment or future driving eligibility.
