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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:
