DWI Refusal

Refusal to Submit to Blood Alcohol Testing

When a police officer stops you while driving and suspects you have been drinking or taking drugs, the officer may ask you to take some tests like the horizontal gaze nystagmus test (the eye test), walking heel to toe, or standing on one leg.  Depending on how the officer believes you performed on these tests, the officer might ask you to submit to a preliminary breath test (PBT). Depending on the results of all the tests the officer might arrest you for DWI. After the arrest the officer will read the implied consent law to you and request that you submit to chemical testing to determine your blood alcohol content. There are multiple tests that can be requested:
  • Breath Test (most common)
  • Blood
  • Urine
  • Saliva
Typically the test administered is the breath test. If you refuse to take the alcohol test, your driver license will be revoked for one year.

Missouri Statute 577.041 governs Driver’s License Revocation.

If you refused to provide a breath test the police officer will take your driver’s license and issue you a 15 day driving permit. You have 15 days to contest your revocation or the action will remain permanent. Contact us immediately or fill out the form below for a free and confidential “no strings attached consultation”

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