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.
