what happens if you refuse a breathalyzer in missouri

Natashya

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25-12-2024

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Meta Description: Refusing a breathalyzer test in Missouri can have serious legal consequences. Learn about the potential penalties, including license suspension, mandatory classes, and even jail time. This guide explains the process and your rights. Understand your options before facing a DWI charge. (158 characters)

Missouri's implied consent law means that by driving, you agree to chemical testing if suspected of drunk driving (DWI). Refusal carries significant penalties. This article outlines what happens if you refuse a breathalyzer test in Missouri.

Understanding Missouri's Implied Consent Law

Missouri's implied consent law states that by operating a motor vehicle, you implicitly consent to chemical testing for alcohol or drugs if lawfully arrested for DWI. This applies to breathalyzer tests, blood tests, and urine tests.

Refusal Consequences: Immediate and Long-Term

Refusing a breathalyzer in Missouri triggers a series of consequences:

Immediate Consequences:

• License Suspension: Your driving privileges will be immediately suspended. This suspension is separate from and in addition to any suspension resulting from a DWI conviction.
• Arrest: You'll likely be arrested for DWI and taken into custody.

Long-Term Consequences:

• Administrative License Revocation (ALR): The state will revoke your driver's license for a minimum of one year. This revocation is separate from any court-ordered suspension.
• Increased Insurance Premiums: Refusing a breathalyzer test will significantly raise your car insurance rates. This increase can last for years.
• Mandatory Programs: You'll likely be required to complete a substance abuse evaluation and possibly attend a DWI program. Failure to complete these programs can lead to further penalties.
• Jail Time: Along with a possible conviction for DWI, refusal can lead to additional jail time depending on the circumstances.
• Court Costs and Fines: You'll face significant court costs and fines, adding to the financial burden of a DWI.

What Happens During the Process?

The process following a breathalyzer refusal is generally as follows:

1. Arrest: Law enforcement will arrest you for suspicion of DWI.
2. Refusal Notice: You'll receive a formal notice of your refusal to submit to testing. This notice starts the clock on the administrative license revocation process.
3. Administrative Hearing: You have the right to an administrative hearing to contest the revocation of your license. It’s crucial to seek legal counsel immediately to prepare for this hearing.
4. Criminal Prosecution: You’ll face criminal charges for DWI, which will require a separate court process.
5. Potential Penalties: The court will determine the final penalties based on factors like your driving record, blood alcohol content (if obtained through other means), and the circumstances of the arrest.

Can You Fight a Breathalyzer Refusal?

While refusing a breathalyzer test is generally not advisable, you can challenge the legality of the stop or the officer's procedures. A skilled attorney can assess whether the police followed proper procedures in arresting you and administering the implied consent warning. Successful challenges are rare, however, and require strong evidence.

Do You Have to Submit to a Blood Test Instead?

No. You are not required to submit to an alternative test such as a blood test. Refusal of the initial breathalyzer test still triggers the administrative license revocation.

Is There an Exception?

A few very limited exceptions may exist, such as if the officer's actions violated your rights. However, this is rarely successful. You must have strong evidence to support such a claim.

Consult with an Attorney: This information is for educational purposes only and does not constitute legal advice. If you’re facing a DWI charge or have refused a breathalyzer test in Missouri, consulting with a qualified DWI attorney is crucial to protecting your rights and understanding your options. They can guide you through the legal process and help you navigate the complex implications of your situation.