In Missouri, every person who operates a motor vehicle impliedly consents to giving blood, breath, saliva, or a urine sample to determine the alcohol content of their blood if arrested for driving a motor vehicle while in an intoxicated or drugged condition. Under Missouri law, a police officer may require you to take two tests. A breath test refusal or refusing to cooperate in providing a breath sample may subject you to lose your license for a 1 year. In order to revoke a person’s license for 1 year, the Director of Revenue must prove various elements.
When you refuse to submit to a chemical test, it will not only have an impact on your administrative case, but it can also be used against you in your criminal case. The Missouri Implied Consent law allows a prosecutor to tell the judge or jury that you refused to submit to a chemical test. The judge or jury will then decide the relevance and significance of your refusal to submit to a test.
At Henderson Law Group, 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.