In Missouri, breath test refusal violates the Missouri Implied Consent Law. If a driver refuses to provide a chemical sample the driver’s license may be revoked for one year. To challenge the revocation, a driver must file a Petition for Review with the state court in the county where the arrest took place. A circuit court judge will typically hear the case. A Petition for Review must be filed within 30 days of receipt of the Notice of Revocation or the driver will be forever barred from challenging the revocation and will begin serving his or her 1 year revocation.
There are three main issues to be determined in a license suspension hearing for refusing to submit to a chemical test in a Missouri DWI administrative case.
In Missouri, when a driver is arrested for DWI, he or she is entitled to a 20 minute period in which to speak with an attorney after the Missouri Implied Consent Law is read by the officer and the driver is asked to consent to a chemical test only if the driver specifically asks to speak with an attorney.
A Missouri DWI refusal case is most often challenged on the grounds that the police officer did not have probable cause to arrest the driver. By refusing to submit to a chemical test, the case against you is typically based entirely on the officer’s opinion and his or her interpretation of the field sobriety test. In a DWI case, there are certain standards in which a police officer must adhere to when conducting a DWI investigation and making an arrest. There is a lot of room for error. Most police officers do not perform every phase of the investigation and arrest properly. At Henderson & Waterkotte, P.C., we will carefully and thoroughly investigate all the facts and circumstances pertaining to your arrest to find flaws with the police officer’s conduct.
At Henderson & Waterkotte, P.C., we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.