Should/Can I Refuse a Blood Test? In Missouri, you can refuse a blood test if you’re pulled over on suspicion of DWI/DUI. However, refusing the test has some significant legal consequences that you should be aware of before making your decision. Call the Combs Waterkotte DWI/DUI lawyers now at (314) 900-HELP or
contact us online for a free consultation where you can discuss the particulars of your case with one of our expert criminal defense attorneys.
Missouri’s Implied Consent Law means that by driving on Missouri roads, you’ve implicitly agreed to submit to chemical tests (blood, breath, or urine) if law enforcement suspects you of DWI/DUI.
Blood tests provide a more direct and accurate measurement of blood alcohol concentration (BAC). Law enforcement does need a warrant for such a test, unless the driver is unconscious and/or can’t perform a breath test.
Your Right to Refuse a Blood Test in Missouri
While you have the right to refuse a blood test – and the Combs Waterkotte knowledgeable attorneys believe you absolutely should refuse – doing so comes with the potential of automatic penalties, unlike refusing a field sobriety test. Here’s what to consider:
- Automatic License Suspension: If you refuse a blood test, your driver’s license will be automatically suspended for one year, known as Chemical Revocation. This is separate from any criminal charges you may face.
- Evidence in Court: Your refusal can be used as evidence against you in court, potentially supporting the argument that you were impaired.
- Enhanced Penalties: Refusing a blood test can lead to enhanced penalties if you’re convicted of a DWI/DUI. Courts and prosecutors can often view refusal as an indication of guilt. Obviously, our defense attorneys feel differently and will do whatever it takes to prove it.
- Search Warrant: If you refuse a blood test, the officer may obtain a search warrant to forcibly take a blood sample. This means that even if you refuse, you may still end up having to provide a blood sample.
Weighing the Decision: Should I Refuse a Blood Test?
The Combs Waterkotte attorneys feel you should refuse a blood test, although this is a personal choice. It’s crucial to understand your rights and the implications of refusal before being in that situation.
- Taking the Test: If you believe you are under the legal limit or not impaired, taking the test might help avoid the harsher penalties associated with refusal. However, you are giving law enforcement evidence, no matter the results.
- Refusing the Test: Refusal might be considered if you believe the results would be unfavorable. However, it’s necessary to understand the consequences – including license suspension and the potential for a warrant to be issued.
If you’re unsure of what to do if you get pulled over on suspicion of DWI/DUI in Missouri, call Combs Waterkotte now at (314) 900-HELP or reach out online. Our DWI/DUI attorneys are available for a free, confidential case review where they can provide legal expertise and guidance.
