DRIVING WHILE INTOXICATED &
DRIVING UNDER THE INFLUENCE OF DRUGS
A DWI or DUI conviction may come with serious consequences:
Possible jail sentence
Loss of driving privilege
Higher insurance costs
Loss of employment
If charged with a second time DWI/DUI, you may be
charged as a prior offender and face more severe criminal penalties and a greater loss of driving
If charged with a third time DWI/DUI, you will likely be charged with a felony and face the possibility of four years in prison and a ten year denial of your driving privileges.
There is a time limit to contest the suspension or revocation of your driving privilege and this deadline is very short.
It is important to hire an experienced and aggressive attorney immediately to protect your freedom and driving privileges
BLOW OR REFUSE
Many people get confused about the breathalizer used in a DWI case. Police often request a driver suspected of driving while intoxicated to submit to a portable breath test (PBT). The PBT is admissible as probable cause to arrest, but it is not admissible as evidence of the subject's blood alcohol content and refusing the PBT does not affect a driver's license.
However, if the driver is arrested and refuses the breathalyzer, to give a urine sample, or to give a blood sample, it may result in a revocation of the driver's license.
After being arrested the officer is required to advise the driver of implied consent. Implied consent includes:
The officer has reasonable grounds to believe you were driving in an intoxicated or drugged condition.
To determine the alcohol or drug content of your blood, he is requesting you submit to a chemical test of your breath, blood, or urine.
That if you refuse to take the test(s), your driver's license will immediately be revoked for one year.
That evidence of your refusal to take the test(s) may be used against you in prosecution in a court of law.
If you refuse the breath test, the officer will confiscate your Missouri driver's license and issue you a temporary 15 day driving permit. You then have thirty days from the day of the arrest to file a Petition for Review in the Circuit Court of the county of your arrest. The Judge will typically grant you a stay of the revocation and you will have a hearing in which evidence will be presented. If the Judge rules against, your license or privilege to drive will be revoked for one year. You may be eligible to obtain a limited driving privilege.
While refusing a chemical test may come with some consequences, it may also avoid giving the officer evidence that may be used against the driver in a criminal case.