If you drive in Missouri, then you have already consented to a blood alcohol test in addition to being video tapped during the test. That’s right! According to Missouri’s Implied Consent Law, anyone that is operating a vehicle in Missouri is deemed to have already given consent to a breathalyzer test to determine their alcohol or drug level given certain conditions.
This article provides general information to consider if you are asked to take a breathalyzer test, including your right to contact an attorney within a specified amount of time and helps you understand the implications if you agree or refuse such tests.
Your Options if Asked to Take a Breathalyzer Test
You can either agree to or refuse to take a breathalyzer test if you are suspected of driving while under the influence of drugs or alcohol. Although the options may sound simple, your answer is not because of implications which each—so chooses wisely.
Agreeing to a breathalyzer test to determine your blood or alcohol level provides Blood Alcohol Content (B.A.C) evidence to the police and prosecutors, which will be used against you in a court of law.
Refusing a breathalyzer test can lead to a search warrant and the loss of your driver’s license for a year at which time a judge determines the date that your driving privileges may be reinstated. Although refusing to complete a breathalyzer test omits a crucial piece of evidence, you can still be convicted of a DWI in a court of law.
Driver’s License Suspensions & Revocations
First time DWI offenders result in a 30-day driver’s license suspension. If the B.A.C level is 0.08% or greater, then in addition to the suspension is a 60-day limited driving privilege or 15-days of driving with an ignition interlock device.
Repeat DWI offenders typically lose their license with a 1-year or more license revocation and face criminal penalties greater in severity for each repeated offense. Severity levels can lead to jail, prison or license revocations of greater than 1 year.
If you are confident that your blood alcohol level is less than .080%, then consider agreeing to the test. If you are drunk, then you are probably over the B.A.C. limitation and most likely, the implications with agreeing or refusing are already going to be detrimental to you.
Time is Ticking to Contact an Attorney
By law, you have 20-minutes to determine if you agree or refuse to take the breathalyzer test during which time you may contact an attorney for advice. However, know that at the end of the 20-minutes, you must agree to either take the test or automatically lose your license for 1-year.
Call Day or Night for an Experienced DWI Attorney
If you need an attorney because you have agreed/refused a blood alcohol test, find yourself in the time ticking period, or have questions, contact attorney Chris Benjamin at KC Road Lawyers by calling 816-738-5725 or navigating to our contact page for a consultation at the firm’s Lee’s Summit or Butler Missouri offices.