In Missouri, if you get pulled over for a DWI and the officer asks you to take a blood, breath, or urine test, do you have to take one? What happens if you refuse?

Missouri law requires you to take a blood, breath, or urine test if you are arrested for a DWI. Missouri’s “implied consent” law says that if you are lawfully arrested[1] by an officer who has probable cause to believe that someone has been driving while intoxicated, then that individual consents to taking a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC).  The test must be taken as soon as possible from when you were last driving and the officer who arrests you gets to choose which test you take.  The officer could ask you to take two tests, but no more than that. If you decided to take the test or tests, then you can have additional tests taken by a medical professional of your choice.car search

Once you are arrested, an officer should inform you that if you refuse to take a test, then evidence of your refusal can be used against you in court and that the state may revoke your license. At that point, you could ask to speak with your lawyer. The officer should generally give you twenty minutes to contact your lawyer and have a conversation.  You can call Boehmer Law emergency number at 636-896-4020.  Whether you are able to reach your lawyer or not, if you refuse to take the test after that time, then you may face legal consequences.  If you have refused a test and are facing criminal charges and losing your license—call Boehmer Law immediately at 636-896-4020 to speak with one of our DWI lawyers in St. Charles, MO.

Once you refuse to take the test, the officer who arrested you will take your license right then. You will, however, get a temporary driving permit that is good for fifteen days. The officer should also give you information on how to request a hearing to challenge your suspension.  If this is your first refusal, the suspension will last for one year.   You must also be required to complete and pay for a substance-abuse traffic offender program.

In most situations, if you refuse to take a mandatory blood, breath, or urine test, then you cannot be forced to do so. There are exceptions, however. An officer can order a test without asking you first if you are involved in an accident that causes a serious injury or death, even if you are rendered unconscious or dead.

If you have been arrested on a DWI charge in Missouri or any other state, get help from an experienced DWI attorney like those at Boehmer Law.  Our criminal law attorneys in St. Charles, MO offer you a free consultation appointment so call 636-896-4020 today.   Unlike other traffic related charges, conviction for a DWI has serious consequences – especially if the incident involved injury to people or property, or if it’s your second or subsequent DWI. To avoid or reduce the consequences, your best bet is to find an attorney who knowledgeable about your state’s laws and about how the system works in your county’s court.  Our DWI attorneys have over 35+ years fighting these charges, so let Boehmer Law get working for you today.

[1] If your arrest was unlawful, then an attorney may be able to save your license from any suspension.

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