It’s a very valid question: how can a police officer force you to blow into a breathalyzer, and possibly implicate yourself in drunk driving? Don’t you have the right to refuse?
The answer lies in implied consent laws, which have been enacted in all 50 states, including Missouri. The law simply means that when you apply for a driver’s’ license, and drive on publicly-owned roads, you consent to field sobriety tests such as breathalyzer tests.
Obviously, no one can force you to blow into a tube – and each year, a significant percentage of people refuse the breathalyzer test after they’ve been pulled over. But refusing to blow can have serious consequences in St. Louis.
Missouri Implied Consent Laws
In Missouri, if you don’t want to take a breathalyzer test, you can also have your blood tested for alcohol content at a local medical center. But if you refuse a blood alcohol content (BAC) test altogether, you are immediately subjected to a one-year license suspension.
This type of license suspension is called a “chemical revocation.”
Should You Refuse A Breathalyzer Test?
Whether or not you should submit to a breathalyzer test depends on a number of factors. If you’re concerned you may be over the legal limit to drive, you must choose between refusal, the breathalyzer, or a different type of BAC test, such as blood.
No matter what choice you make, a St. Louis DWI attorney can help you in the wake of any consequences.
Get Legal Assistance From An Experienced St. Louis DUI Attorney
At the Shostak Law Firm, we are equipped to help you navigate your DUI/DWI charges in St. Louis and St. Charles, whether you are facing a chemical revocation for refusing a BAC test, or whether you are facing DWI charges. Our Missouri DUI attorney, Grant Shostak, will review your case, determine your smartest options for legal action, and help you get through this difficult time with the best possible outcome. To learn more, get our FREE Missouri DWI Survival Guide.