Should I Blow if I Get Pulled Over for a DWI/DUI in Missouri? If you have been pulled over for suspicion of DWI/DUI in Missouri, the Combs Waterkotte expert defense attorneys are of the opinion that you should absolutely refuse a breathalyzer test. The only outlier there is when you’ve had only “one glass of wine at happy hour.” Hear more specifics:
If you’re facing DWI/DUI charges of any kind, call Combs Waterkotte right now at (314) 900-HELP or contact us online for a free, confidential, no-obligation consultation where you can discuss the specifics of your case with one of our experienced DWI/DUI defense lawyers.
Missouri operates under an Implied Consent Law, meaning that by driving on public roads, you automatically consent to submit to a chemical test (breath, blood, or urine) if a law enforcement officer has reasonable grounds – probable cause – to believe you are driving under the influence of alcohol or drugs.
What Should I Do?
The Combs Waterkotte legal team based in St. Louis knows that breathalyzer tests in Missouri are not infallible. There are too many “what ifs” when it comes to these tests.
- If You Haven’t Been Drinking: If you believe your blood alcohol content (BAC) is below the legal limit or if you haven’t been drinking at all, taking the test could quickly prove your sobriety and avoid complications. However, all you’re doing by agreeing to take the test is potentially providing evidence. After all, law enforcement can do a lot once you agree to the test, including falsifying information and results.
- If You Have Been Drinking: If you suspect your BAC is above the legal limit (.08% for most drivers), refusing the test prevents law enforcement, as well as the state, from obtaining direct evidence of intoxication. However, you’ll face an automatic license suspension and the refusal could be used against you in court.
Should I Blow if I Get Pulled Over for a DWI/DUI in Missouri?
Our knowledgeable attorneys believe that you should not blow. Ultimately though, the decision to blow or not to blow is personal and should be made with a clear understanding of the potential consequences. Here, we’ll break things down a little more:
Consequences of Refusing a Breathalyzer Test
If you refuse to take a breathalyzer or other chemical test in Missouri, the following can occur:
- Automatic License Suspension: Your driver’s license will be automatically suspended for 1 year, known as Chemical Revocation.
- Use of Refusal in Court: Your refusal may be used as evidence against you in court. The prosecutor may argue that you refused because you knew you were intoxicated.
- No Immediate Driving Privileges: If you refuse the test, you are not eligible for Limited Driving Privileges (LDP) or a hardship license in Missouri during your license suspension period.
Consequences of Taking the Test
If you agree to take the breathalyzer test and your BAC is at or above the legal limit :
- Evidence Against You: A BAC over the legal limit provides strong evidence for the prosecution and can make it more challenging to fight the DWI/DUI charge.
- Possibility of Lower BAC: If you believe your BAC is close to or below the legal limit, blowing might result in a reading that either clears you or results in a lesser charge, such as reckless driving, rather than a full DWI.
- Potential for Reduced Penalties: It is possible that the prosecutor or judge will take kindly to you being cooperative and taking the test. However, we suggest that you not ponder this scenario.
If you’re unsure of what to do if you get pulled over for suspicion of DWI/DUI in Missouri, call Combs Waterkotte now at (314) 900-HELP or contact us online. Our DWI/DUI attorneys are available for a free, one-on-one case review where we can provide legal expertise and guidance.
