Category: REFUSE A BREATHALYZER

Driving under the influence (DUI) is taken very seriously in Missouri, and DUI checkpoints are a common way law enforcement tries to identify impaired drivers. If you find yourself at a DUI checkpoint, you may wonder: what happens if I refuse a breathalyzer test?

The short answer is—refusing a breathalyzer can have serious consequences, even if you are not ultimately convicted of a DUI. In Missouri, the rules around refusal are strict, and understanding your rights is crucial. Here’s what you need to know if you are stopped and asked to take a breathalyzer at a checkpoint.

MISSOURI’S “IMPLIED CONSENT LAW”

In Missouri, when you get your driver’s license, you automatically agree to something called “implied consent.” This means that if a law enforcement officer has reasonable grounds to believe you are driving under the influence, you are legally required to submit to chemical testing (such as a breath, blood, or urine test).

Refusing a breathalyzer violates Missouri’s implied consent law. Even if you think you are under the legal limit, refusing the test can lead to immediate penalties—regardless of whether you are charged with or convicted of DUI.

IMMEDIATE CONSEQUENCES OF REFUSING A BREATHALYZER IN MISSOURI

If you refuse a breathalyzer at a DUI checkpoint in Missouri, several things happen quickly:

Automatic License Suspension: Refusal results in a mandatory one-year revocation of your driver’s license, called a “Chemical Revocation.”

Filing of a Petition for Review: You have only 30 days from the date of your arrest to file a Petition for Review if you want to challenge the revocation. If you miss this window, you lose the opportunity to contest the suspension.

Issuance of a 15-Day Driving Permit: After refusal, you’ll receive a temporary permit that allows you to drive for 15 days. After that, your license is revoked unless you successfully challenge the action.

An experienced Missouri DUI lawyer can help you understand your options and fight to protect your ability to drive.

CAN REFUSING A BREATHALYZER HELP AVOID A DUI CHARGE?

Many people believe that refusing a breathalyzer will prevent a DUI conviction. Unfortunately, that’s often not the case.

Prosecutors can still pursue DUI charges based on other evidence, such as:

• Officer observations (bloodshot eyes, slurred speech, odor of alcohol)
• Field sobriety test results
• Driving behavior (swerving, speeding, reckless driving)

In fact, your refusal may be used as evidence of “consciousness of guilt” at trial—suggesting you knew you would fail the test.

This is why working with an experienced Kansas City criminal defense attorney is crucial. A skilled attorney can challenge the legality of the stop, the checkpoint procedures, or the officer’s observations to fight the charges against you.

LONG-TERM CONSEQUENCES OF A BREATHALYZER REFUSAL

Aside from license suspension, refusing a breathalyzer in Missouri can have other serious consequences, including:

Higher Insurance Rates: A refusal often leads to dramatically increased insurance premiums.

Installation of an Ignition Interlock Device (IID): After serving a period of revocation, you may be required to install an IID to regain your driving privileges.

Difficulties with Employment: Many jobs require a valid driver’s license. Losing your license could jeopardize your employment or future opportunities.

These consequences are why you should contact a Missouri DUI lawyer immediately if you refuse a breathalyzer or are facing DUI charges.

HOW AN EXPERIENCED KANSAS CITY DUI/DWI LAWYER CAN HELP YOUR CASE

When facing DUI allegations or a breathalyzer refusal, a skilled defense attorney can make a significant difference. Here’s what they can do for you:

Challenge the Stop or Checkpoint: DUI checkpoints must meet strict legal standards. If law enforcement failed to follow the rules, your case could be dismissed.

File a Petition for Review: A lawyer can act quickly to preserve your right to challenge the license suspension.

Defend Against DUI Charges: Whether it’s cross-examining the arresting officer or challenging the field sobriety tests, a good defense strategy can weaken the prosecution’s case.

At every stage, having an experienced Kansas City criminal defense attorney by your side ensures your rights are protected and increases the chances of a favorable outcome.

CALL KC DEFENSE COUNSEL TODAY — LET US HELP YOU

If you refused a breathalyzer at a DUI checkpoint in Missouri, you still have options, but time is critical. You need to act fast to challenge the license suspension and defend yourself against criminal charges. Don’t try to take on the state of Missouri legal system alone. Call KC Defense Counsel today or fill out our contact form. Talk to one of our affordable Kansas City DUI/DWI defense attorneys today. We offer free case evaluations.

Don’t face the legal system alone. Contact an experienced Missouri DUI lawyer immediately to discuss your case and begin building your defense.