What To Know About Breath-Test & Blood-Test Refusal

nyone who obtains a Missouri driver’s license is subject to the state’s implied consent laws. This means that by accepting licensure, you are also agreeing to submit to chemical testing (breath, blood or urine) if such testing is requested by a police officer.

You have the right to refuse testing, but doing so will generally mean losing your license for a year. This raises a difficult question: Is it better to refuse the test and potentially spare yourself DWI charges (while losing your license), or take the test and possibly get charged with and convicted of drunk driving?

Should I Refuse A Breath Or Blood Test?

DWI Attorneys in KC Mo will never give a blanket answer to this question (and you probably shouldn’t trust a lawyer who does). Context is highly important, and the advice depends on the answers to about 40 different questions. A small sample includes:

• What county are you in?
• Which law enforcement agency pulled you over?
• Do you have any prior DWIs in Missouri?
• Have you been drinking or taking drugs? If so, when and how much?

Certain counties offer diversion of revocation as the result of test refusal, meaning that it may be possible to refuse a test and not lose your license. There is typically no diversion for the DWI charges themselves, though.