Refusing the Breath Test in a DWI

In Missouri, if a driver refuses to take a breath test, often referred to as BAC, when requested to do so by an officer during a DWI stop, there are immediate consequences in terms of their driver’s license. Missouri operates under implied consent laws, which means that by driving on Missouri roadways, individuals are deemed to have given their consent to submit to chemical tests to determine their blood alcohol concentration (BAC) if lawfully arrested for DWI.

When a driver refuses to take a breath test, the officer will typically inform them about the consequences of refusal, which include an automatic suspension of their driver’s license. The length of the suspension depends on several factors, such as prior DWI convictions and whether the driver refused a chemical test previously. However, in general, a first-time refusal leads to a one-year license suspension, while subsequent refusals result in longer suspensions.

It’s important to note that the license suspension for refusing a breath test is separate from any criminal charges related to the DWI offense. Even if the driver is ultimately acquitted of the DWI charges, the license suspension for refusal remains in effect unless successfully challenged through an administrative hearing.

To contest the license suspension, the driver has the right to request an administrative hearing with the Missouri Department of Revenue within 15 days of receiving notice of the suspension. The hearing provides an opportunity to present evidence and arguments to challenge the suspension. However, it’s worth noting that the burden of proof in these hearings is generally lower than in criminal cases, requiring a preponderance of the evidence, meaning it must be shown that it is more likely than not that the driver refused the breath test.

If the driver fails to request an administrative hearing within the specified timeframe or if they do not succeed in overturning the suspension at the hearing, their license will remain suspended for the designated period. Additionally, there may be other consequences related to the DWI charge itself, such as fines, probation, mandatory education programs, and potential criminal penalties, depending on the outcome of the criminal case.

It’s crucial for individuals facing a license suspension due to a breath test refusal to consult with an attorney experienced in DWI cases in Missouri. An attorney can guide them through the administrative hearing process, provide legal advice, and help build a strong defense strategy to minimize the impact of the offense and protect their rights.