Implied Consent Refusal in St. Louis, MO
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This content has been written and edited by professional legal writers and individually reviewed and verified by Christopher Combs and Steven Waterkotte, attorneys who have over 40 combined years in the criminal defense industry.
Implied Consent Refusal in St. Louis:
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What is Implied Consent Refusal in Missouri?
Under Missouri law, implied consent laws mean that by operating a vehicle, you automatically agree to submit to a chemical test, such as a breathalyzer or blood test, if a law enforcement officer has reasonable grounds to suspect that you are driving under the influence of alcohol or drugs. Implied consent refusal is when you can outright deny being tested after a stop. Officers would have to put you under arrest, get a warrant, and can test you once you're brought into the station. The primary goal of this law is to protect your right to refuse chemical testing. Refusing on the spot prevents police from collecting physical evidence during DWI/DUI investigations. However, refusing to take a test may result in an automatic license suspension for up to one year. It’s crucial to know these potential consequences when making decisions during a traffic stop.
You don't have to go through this alone. Contact one of our lawyers today at (314) 900-HELP to protect your future.
Refusing implied consent is recommended by our experienced criminal defense team here at Combs Waterkotte. While procedural errors and other rights violations can remove any charges, chemical tests are physical evidence that proves you were intoxicated or under the influence. Implied consent refusal removes a powerful piece of evidence from the equation. As mentioned, you can be still be tested (or even restrained) if you are arrested to collect evidence if the police get a warrant.
Contacting a St. Louis DWI/DUI lawyer right away is critical for navigating the legal process if you are charged for a DWI/DUI whether or not you refused testing. You will need an administrative hearing within 15 days. You'll be given a notice and a temporary license if you refused to be tested. If you are convicted of a criminal case, your license will still be suspended for 90 days, the last 60 of which you may be able to obtain limited driving privileges for work, school, and other reasons.
Administrative Hearings for DWI/DUI Cases
Administrative hearings play a crucial role in determining the status of your driver’s license following a DWI/DUI arrest, especially if you refused chemical testing. These hearings are separate from the criminal trial and focus solely on the suspension or revocation of your driving privileges. The goal of these hearings is often to restore your suspended license or reduce the suspension period, particularly for a one-year suspension resulting from a refusal to take a chemical test.
During the hearing, your defense attorney may challenge the circumstances surrounding your arrest, including whether the officer had probable cause to pull you over, if proper procedures were followed during the traffic stop, and whether any errors occurred during testing or your refusal. These arguments could potentially lead to a reinstatement of your driving privileges or a reduction in the length of your suspension.
Although administrative hearings are often brief and routine, they are a critical opportunity to address any legal missteps in your case. Success in this hearing can significantly reduce the consequences of your DWI/DUI charge, providing relief before the criminal trial proceeds to reinstate your license.
Call our team today at (314) 900-HELP for a free, no-obligation consultation to discuss your case. Read on for more information about implied consent refusal in Missouri and more information about DWI/DUI situations, including:
Why Would You Refuse a Breathalyzer or Blood Test?
While Missouri’s implied consent law suggests that drivers must take a breathalyzer or chemical test if suspected of driving under the influence, you do have the right to refuse. However, it’s important to consider the potential consequences of this decision, including automatic license suspension and heightened penalties. Here are some reasons why a driver might choose to refuse a breathalyzer or blood test:
- Fear of Incrimination: A driver may refuse a chemical test to avoid providing evidence that could lead to criminal charges. Refusal can sometimes be a defensive strategy to limit the state’s evidence against you in a DWI/DUI case.
- Uncertainty of Sobriety: If a driver is unsure whether they are over the legal limit, they might refuse the test to avoid immediate penalties for exceeding the blood alcohol concentration (BAC) threshold.
- Concerns About False Positives: Breathalyzers and other testing methods are not foolproof. They have been known to produce false positives, especially in cases involving certain foods, medications, or calibration errors. Distrusting the reliability of the test may lead some drivers to refuse.
- Strategic Considerations for Trial: Refusing a chemical test can either help or hurt a defendant’s case if it goes to trial. Without test results, the prosecution may have less direct evidence, but refusal can also be used against the defendant in court.
- Delaying to Sober Up: Some drivers believe that delaying the test (by refusing initially) may give their body more time to metabolize alcohol, potentially lowering their BAC if a blood test is eventually administered at the police station.
Are There Consequences for Refusing a Drug or Alcohol Test in Missouri?
In Missouri, you have the right to refuse a drug or alcohol test if you’re pulled over for reasons such as speeding, reckless driving, or suspected alcohol or drug use. However, refusing to submit to a chemical test may come with serious consequences, including the automatic suspension of your driver’s license for one year, a process known as “Chemical Revocation.” Refusing the test may also be used as evidence against you in court. You are allowed to refuse a drug or alcohol test if you’ve been pulled over for speeding, reckless driving, alcohol or drug use, etc. If your license is revoked, you can appeal in the Missouri Circuit Court where you were arrested.
In brief, refusing to take a chemical test in a DWI/DUI-related automobile traffic stop is allowable (if rights are clearly given to the driver) but may come with harsher legal consequences if there ends up being a conviction. There are instances where you may be forced to take a chemical test — as mentioned, this implies an arrest and a warrant depending on the circumstances (loss of life, bodily injury, severe property damage, etc.).
How Can a DWI/DUI Defense Attorney Help Get Your License Back?
If you refuse a chemical test and have your license revoked for a year under the state’s implied consent law, this doesn’t mean you’re without options. A skilled defense attorney can assist in navigating the legal process and help you regain your driving privileges. Here are a few ways a defense lawyer can help if you refused an implied chemical test in Missouri and had your license revoked:
- Challenging the Suspension: A defense attorney can request a hearing to contest the automatic one-year license suspension. They may question the legality of the stop, the officer’s conduct, or whether the implied consent law was properly explained to you. If any of these points are successfully argued, the suspension could be overturned and the suspension lifted.
- Negotiating for Limited Driving Privileges: Even if your license is suspended, a defense attorney can help you apply for a Limited Driving Privilege (LDP), which allows you to drive for essential activities such as work, medical appointments, or school.
- Fighting the Underlying Charges: In some cases, a defense attorney can help you avoid a conviction for the underlying DWI charge. A favorable outcome in the criminal case could strengthen your ability to restore your driving privileges and potentially dismiss or reduce the one-year suspension.
- Filing an Appeal: If the suspension is upheld, your attorney can file an appeal in circuit court. This process allows them to present further arguments on why the suspension was unlawful or unnecessary.
- Providing Legal Guidance: A defense attorney can explain the entire process, including deadlines for requesting hearings and appealing suspensions. This ensures you meet all necessary steps to regain your license as soon as possible.
Working with an experienced defense attorney increases your chances of minimizing the impact of a refusal and regaining your driving privileges in Missouri. A chemical or sobriety test is added evidence to your case but not always admissible.
Restoring Driving Privileges After a DWI/DUI Arrest in Missouri
When driving privileges are revoked, restoring your license often involves following specific procedures, such as submitting a form to the Missouri Department of Revenue. At Combs Waterkotte, we are committed to guiding clients through the legal process to recover their driving privileges. This includes addressing issues related to blood alcohol content (BAC) tests and other evidence gathered during a DWI/DUI arrest.
Contact our Expert Consent Refusal Lawyers in St. Louis, MO, Today at Combs Waterkotte
Reaching out to an experienced legal team can help you with the ramifications of implied content refusal in Missouri. There are options if you’ve been pulled over, and it’s our job to help you retain your license and protect your rights. Call us at (314) 900-HELP for more information or contact us now for a free consultation.
Helpful Links
For more information on DWI/DUI defense in St. Louis or anywhere else in Missouri, call the Combs Waterkotte criminal defense attorneys right away at (314) 900-HELP or contact us online for a confidential consultation.
- Don’t “Blow” Your DWI/DUI Case: Key Mistakes to Avoid
- Should/Can I Refuse a Field Sobriety Test?
- Should/Can I Refuse a Blood Test?
- How Likely is Jail Time for a First Time DWI/DUI Offense in Missouri?
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