To Blow or Not to Blow?

To Blow or Not to Blow?

Should I blow or not? This is by far the most common question I receive. The answer is, it depends. I know this is not the answer that people want to hear, but each case is different and it depends on each case and the individuals' criminal record.
For starters, in Missouri, driving is a privilege and therefore you are required to submit to a chemical test to determine your blood alcohol content (BAC). The most common chemical test is the breath test, however an officer can also request that you submit to a blood draw or give a urine sample. So since driving is a privilege and in Missouri you are required to blow or you automatically lose your license you would think the answer is, Yes I should blow.
BUT WAIT. There are reasons you may not want to blow or submit to another chemical test. For example, in Missouri if you refuse to take the breath test your driver license can be revoked for 1 year. However, if you have plead guilty to or been convicted of a DWI within the last 5 years and you choose to submit to a breath test and blow over .08 you will also loose your license for 1 year and possibly longer. So my opinion is if you have had a DWI within the last 5 years and you have never refused to take a breath test before you should refuse to take a breath test this time if you believe you will blow over the legal limit.
One piece of advice I can definitely give is that you have a right to speak with an attorney before you decide to blow. In Missouri there is the "20 minute rule." If you are asked to take a breath test and the officer has read you the implied consent law it is your right to ask for a lawyer. You must ask to speak with a lawyer, if you ask the officer must give you 20 minutes to try and contact a lawyer and seek advice. During this time you must actively seek an attorney. During these 20 minutes the officer must allow you to seek and attorney and cannot force you to take a test during these 20 minutes. You can then seek the advice of attorney he can tell you what your options are.
This is why the answer is complicated. The best adviceI can give is when the officer is telling you to take a breath test you should politely tell the officer you would like to speak with an attorney and you should call an attorney at our law firm so we can properly advise you.

Categories: Criminal Defense, DWI

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