When an officer asks for a breath sample, it can be difficult to know which choice creates less problems. A driver who feels sober may see little reason to take the test. Someone else may worry that the result could become evidence against them. Refusing might seem like a way to avoid that result, but Missouri law attaches consequences to that decision as well.
What happens if I refuse a breathalyzer in Missouri?
State law permits an officer to request an alcohol or drug test from a driver in certain circumstances. The request can involve a breath, blood, saliva or urine test. If the driver says no, the refusal itself may later be used as evidence in a proceeding connected to the traffic stop or arrest.
That does not mean a refusal, by itself, proves that someone was driving while intoxicated. It does mean the decision can have consequences beyond the test result.
Missouri also treats the driver’s license as a separate matter. The state agency responsible for driver licensing handles the administrative consequences of a refusal apart from the criminal DWI proceedings.
What happens to my license after a refusal?
A refusal can set several deadlines and procedures in motion. The specific circumstances of the stop and the driver’s record can affect how the process unfolds, but the basic framework includes:
- A one-year loss of driving privileges: The Department of Revenue generally revokes the driver’s privilege for one year after receiving the required report about the refusal.
- A 15-day temporary permit: The arresting officer generally takes the driver’s Missouri license and provides a temporary permit that lasts 15 days.
- A chance to contest the action: A driver can ask a court to review the revocation. The Department of Revenue says the filing deadline is generally 30 days after the Notice of Revocation is issued.
- Time to contact a lawyer: A driver who asks to speak with an attorney receives 20 minutes to try to make contact before the law treats a continued refusal as a refusal.
The license consequences and the criminal allegations do not necessarily resolve together. A driver may therefore need to deal with both matters.
What should I do after refusing a breathalyzer?
Saying no to a breath test may feel like a way to avoid making things worse, but Missouri law can create separate consequences for that choice. What happens next may depend on both the refusal and the events surrounding the DWI arrest.
If you declined a breathalyzer or another alcohol or drug test during a DWI investigation, consider getting legal advice about what happened. A Missouri DWI attorney can review the circumstances and explain how the refusal may affect both your driving privileges and the case.