If you’re pulled over on suspicion of driving under the influence (DUI) in Missouri, one of the first things an officer might ask is for you to take a breathalyzer test. But what happens if you refuse? Missouri has specific laws in place that govern these situations, and your decision can have serious legal consequences—even before you go to court.
Missouri’s Implied Consent Law
Under Missouri’s implied consent law, every driver on the road automatically consents to chemical testing (blood, breath, or urine) if lawfully arrested on suspicion of driving while intoxicated (DWI). This means that simply by driving in the state, you’ve agreed to be tested if an officer has probable cause to believe you’re impaired.
You Have the Right to Refuse—But Know the Consequences
While you do need to exit the vehicle if asked, it’s important to remember that you are not legally required to submit to a breathalyzer or field sobriety tests. You also have the right to remain silent and request an attorney. These are critical protections that can impact your case.
Refusing a breathalyzer does carry consequences, including:
- License Revocation – Your driver’s license will be revoked for one year, regardless of whether you’re ultimately convicted of DWI.
- Immediate Seizure – The officer will confiscate your license on the spot and issue a temporary driving permit.
- SR-22 Insurance Requirement – After revocation, you’ll need to file proof of high-risk insurance (SR-22) to regain driving privileges.
However, refusing can also mean less evidence is available to support a drunk driving charge, which can give your defense attorney more leverage to have the charges reduced or dismissed. Officers rely heavily on breathalyzer and field sobriety test results in court. Without them, the prosecution’s case can be significantly weaker.
Can You Challenge the Revocation?
Yes. You have the right to request an administrative hearing to challenge the license revocation, but you must do so within 30 days of the notice. This hearing is separate from your criminal case, and navigating it effectively often requires legal counsel.
Refusal Doesn’t Guarantee a Better Outcome
Some drivers mistakenly think refusing will help them avoid a conviction altogether. But Missouri law allows:
- Your refusal to be used against you in court as a sign of impairment.
- Officers may request a search warrant for a blood test, which they can obtain quickly.
- Harsher administrative penalties, especially for repeat offenders.
Refusal can be a double-edged sword—it may limit the evidence, but it also triggers automatic penalties.
When Might Refusing Be Part of a Defense Strategy?
There are situations where refusing a test might ultimately strengthen your defense, especially when there are no other strong indicators of impairment. However, this should never be your sole defense strategy without first consulting an attorney. The decision to refuse must be weighed carefully against the immediate and long-term consequences.
Speak With an Experienced DWI Attorney
If you’ve refused a breathalyzer test in Missouri, you’re likely facing both civil and criminal issues. You must act quickly to protect your license and your rights. At Rogers Sevastianos & Bante, our experienced criminal defense DWI/DUI attorneys understand how Missouri handles DWI refusals—and how to build a strong case in your defense.
Contact us today to schedule a confidential consultation.
Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should consult an attorney for personalized guidance on your specific circumstances.