Breath Tests And Restricted Driving Privileges

Individuals who are pulled over and asked to take a field sobriety test or breath test often do so without completely understanding their rights. Many submit to tests willingly because they believe they have to. Others who refuse do not fully understand the consequences of a refusal.

Defense Against The Driver's License Consequences Of A DWI/DUI

Submitting to or refusing to take a field sobriety test or breath test will lead your case down two very different paths. Both have potentially serious consequences in the criminal justice system and in the preservation of your driving privileges. Make sure you have an experienced defense attorney who can preserve your rights and help you achieve a favorable outcome.

Arrange a consultation with me, St. Louis County DUI/DWI lawyer Carl J. Civella, as soon as possible if you have been arrested. As a former prosecutor with decades of experience in all facets of criminal law, I can anticipate what the opposing counsel will do and develop strategies that will set you up for success.

What Happens If I Refuse A Breath Test In Missouri?

If you refuse to submit to a breath test in a DWI arrest, your license will be automatically revoked for a period of one year. After 90 days, you become eligible to apply for a limited driving privilege (LDP). You must file proof of SR-22 insurance and install an ignition interlock device in order to obtain your LDP.

An LDP would allow you to drive for employment, education, and other important matters. I will guide you through the process.

What Do The Results Of A Breath Test Mean?

If you blow over .08 percent in a DWI arrest, the Department of Revenue will try to suspend your license for 90 days. You would be eligible for a restricted driving privilege (RDP) after serving 30 days and filing proof of SR-22 Insurance. As of March 3, 2014, you can request an immediate RDP, which would last the entire 90 days. Requesting an immediate RDP would require ignition interlock installation. I will guide you through the process.

Note: Whether you refuse or take the breath test, I will challenge the Department of Revenue in an attempt to save your license. Contact me to discuss your options.