Free Consultation!
(816) 287-3787
1/03/2025

Breathalyzer Refusal: What You Need to Know in Missouri

Drivers nationwide face implied consent laws, and Missouri is no different. In the state of Missouri, if an officer suspects that you are driving while under the influence of alcohol or drugs, they can ask you to take a blood, urine, or breath test to determine if you are impaired. While you have given your implied consent, you still have the right to contact an attorney before you perform the test, and you still have the right to refuse to take the test. These actions come with their own consequences and administrative penalties, so before you make a crucial decision that could be the biggest mistake of your life, contact KC Defense. Our attorneys can fight for your rights, driving privileges, and future.

Missouri’s Implied Consent Law

In Missouri, drivers are legally required to submit to chemical tests, such as breathalyzers or blood tests, if an officer has reasonable grounds to suspect impaired driving. When you apply for a Missouri driver's license, there is documentation that you consent to practical sobriety testing and chemical tests to establish your impairment. While a breath test can be administered anywhere with a breathalyzer, blood or urine chemical tests can only be done at a medical or correctional facility. This is why breathalyzers are the first form of chemical testing that drivers are asked to do, as they are readily available to law enforcement. 

Consequences of Refusing a Breathalyzer in Missouri

In Missouri, it is your right to refuse the breathalyzer test. But before you do, you need to be aware of the rights that you have and the automatic and mandatory penalties you will face. 

Drivers have the right to contact an attorney before taking a breath test. Missouri law gives drivers 20 minutes to contact a lawyer before submitting to a breathalyzer test. It’s important to remember you have to ask to speak to your attorney, as law enforcement will not offer it to you. 

While you have every right to refuse to take a breathalyzer, know that there are automatic consequences that can affect the rest of your life, even if you are not charged or guilty of a DUI. 

If you refuse a breathalyzer, you face penalties such as:

  • Revoked license for up to one year (also known as a Chemical Revocation)
  • Temporary Permit lasting 15 days
  • Request Limited Driving Privileges
  • Ignition Interlock Devices
  • File for certain insurance coverages such as an SR-22

If you are facing DUI charges and you refuse to take a breathalyzer, don’t wait to contact our experienced DUI attorneys at KC Defense. We can provide you with the vital legal counsel that you need.

How a DUI Attorney Can Help

An experienced DUI attorney can provide invaluable legal support and guidance when facing DUI charges. DUI attorneys are familiar with the Missouri DUI and OWI laws and regulations that law enforcement must follow when performing traffic stops. 

When you refuse to take a breathalyzer test, you are now facing not only potential criminal charges of a DUI but also administrative DUI action from the refusal. The key differences between the criminal and administrative penalties require different legal tools and steps to protect your freedoms. The legal team at KC Defense will actively work to build a strong defense to bring you the best results possible. 

Why Choose KC DUI & Defense Counsel?

If you are facing a DUI charge in Missouri, you need strong representation by an experienced legal team to help guide you through the complex legal system. KC Defense will ensure that every element of your case is handled by experienced attorneys who will work tirelessly to fight for your rights. Contact our office at (816) 287-3787 or visit us online to get started today.

Share This Story

If you found the information in this article helpful, chances are someone else will too! Consider sharing to your socials to help others in their search for reliable legal information.

Tell Us About Your Case

If you're facing criminal charges in the Kansas City Metro, don’t leave your future to chance. At KC DUI & Defense Counsel, our experienced team is ready to fight for your rights with the aggressive defense and personalized care you deserve. Contact us today for a free consultation, and let us start building your defense together.

KC DUI & Defense Counsel logo

QUICKLINKS

6301 Rockhill Rd
#100c, Kansas City, MO 64131

Get Directions

2300 Main Street,
Suite 900 Kansas City, MO 64108

Get Directions
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship.
uploadmagnifiercrossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram