What Happens If I Refuse a ...

What Happens If I Refuse a Breathalyzer Test?

In the state of Missouri, when a driver obtains a driver's license, he or she is required to sign the license and thus give their "implied consent" to submit to blood, breath and/or urine tests should they be lawfully pulled over for a suspected DWI at a later date. It is not uncommon, however, for people to refuse to take field sobriety tests and/or chemical tests, for fear they may fail. This is not advised, as refusing such testing can lead to the automatic suspension of your driver's license, a possible 10-day jail sentence and other penalties. Law enforcement officers may also attempt to convince you that refusing to submit to testing will be used as evidence against you in court. While that may be true, you should know, even if you "fail" field sobriety tests, blood tests or a breathalyzer test, the firm may be able to successfully challenge the officer's administration of the tests, gather evidence of faulty testing or analysis methods, subpoena records to show improperly calibrated machines, demonstrate how your rights were violated during the initial stop, and ultimately discredit the actions that led to your arrest.

If you refuse a breathalyzer test, the officer will confiscate your license on the spot and issue a temporary driving permit, which will in effect for only 15 days. The reason your temporary license is only valid for 15 days is this is the time frame in which you have to request an Administrative Hearing. There are certain circumstances, such as in cases in which a person has been involved in a DWI-related accident that caused serious or life-threatening injuries or a wrongful death, in which an officer can legally order blood, breath or urine testing without prior consent. In either case, it is extremely important to exercise your constitutional rights by contacting Brent Labovitz, Attorney at Law, to speak with an experienced criminal defense lawyer. When you contact the firm, Attorney Labovitz will be able to review the circumstances leading up to your arrest, answer any questions you may have, provide you with the representation you need at your Administrative Hearing and be a strong advocate for your rights.

To improve your chances of obtaining the most optimum results in your case, contact a St. Louis criminal defense attorneyat the firm as soon as possible following your arrest.

Categories: Criminal Defense, DWI

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