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What happens if you refuse a field sobriety test in Missouri?

On Behalf of | Jan 16, 2025 | DWI Defense |

Field sobriety tests are commonly used by law enforcement to determine if a driver is under the influence of alcohol or drugs. While these tests are voluntary in Missouri, refusing to participate can lead to significant legal consequences. Understanding the rights and risks associated with refusal can help drivers make informed decisions during a traffic stop.

Missouri’s implied consent law

Missouri’s implied consent law requires drivers to submit to chemical tests, such as breath, blood, or urine tests, if lawfully arrested for suspected DWI. However, this law does not extend to field sobriety tests. Drivers have the legal right to refuse these tests without directly violating implied consent rules. Despite this, refusing a field sobriety test can still impact a case.

How refusal can affect a DWI case

Refusing a field sobriety test may prevent law enforcement from gathering evidence of impairment. However, refusal can also raise suspicion and potentially strengthen the officer’s justification for an arrest. Prosecutors may argue that the refusal indicates that a person was driving while intoxicated, and this could be used against the driver in court. Additionally, officers can still rely on other evidence, such as the driver’s behavior, speech, and appearance, to build their case.

Administrative and legal consequences

Refusing a field sobriety test does not carry automatic penalties, but it can complicate interactions with law enforcement. For instance, officers may decide to pursue alternative methods to determine impairment, such as obtaining a warrant for a chemical test. If arrested, refusal might influence the severity of charges or the outcome of the case.

Deciding whether to refuse a field sobriety test requires careful consideration of the circumstances. While refusal is within a driver’s rights, it may have unintended consequences. Understanding the law and preparing for potential scenarios can help protect legal rights during a DWI investigation.