The Firm

Breath Test Refusal

Consequences for Refusing the Breath, Blood, or Urine Test
After you have been arrested, the officer is required to advise you of the Implied Consent warnings. Those include the following:

  1. You are under arrest for DWI;
  2. The reason for requesting the test;
  3. Your refusal to take a test may be used against you in a criminal prosecution;
  4. Your license will be immediately revoked for one year if you refuse.

In some cases, if your breath test result comes back under the legal limit, or if there is a malfunction with the breath testing instrument, the officer may ask you to submit to a urine or blood test or a test on a different breath test instrument. You are required to take a second test if requested to do so.

If you then refuse the test, the officer will serve you with a Notice of Refusal. You then have 30 days from the date of your arrest to file a Petition for Review in the Circuit Court of the county of your arrest, although the revocation will go into effect in 15 days unless your appeal has been filed and the judge has issued a “stay order” before then. The Circuit Court can and normally will grant a stay order pending a trial before a traffic court commissioner or judge in a refusal case, depending on your driving history.

If the judge rules against you, your license will be revoked for a period of one year.  For the first 90 days of the revocation, you will not be able to drive legally. After the 90 day “hard walk” period, you may be eligible to obtain a limited driving privilege, again, depending on your driving history.

Missouri Breath Test Refusal Defense Attorneys

Conviction for a DWI has serious consequences, especially if you injured someone, or if you have had two or more previous DWIs. To avoid or reduce the consequences, it is important to retain the legal services of St. Louis Breathalyzer refusal defense attorneys who are knowledgeable about Missouri laws.

Call 314-394-2150 or use the online contact form on this website to schedule a free initial consultation. We will review the facts of your case and provide you with an honest assessment of what you might expect in terms of a possible outcome.

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