Driver Refusing a Breathalyzer Test by a Police Officer

When you sign your Missouri driver’s license, you provide your implied consent to certain things. For example, you provide your implied consent to comply with a police officer’s breathalyzer request if you are lawfully stopped for a suspected drunk driving offense.

Your implied consent is different than your actual consent, however. You may still refuse a breathalyzer test when you are pulled over, but you may be subject to certain penalties for your refusal.

The Consequences of Refusing a Missouri Breathalyzer Test

If you refuse a police officer’s request to administer a breathalyzer test in Missouri, then you may face a Chemical Revocation of your driver’s license. The police officer may take your license from you and issue you a 15-day temporary driving permit. During those 15 days, you may request an Administrative Hearing to challenge the Chemical Revocation of your license. If you do so successfully, then you will have your regular license reinstated.

However, if you do not challenge the Chemical Revocation or if you are unsuccessful in your legal challenge, then:

  • Your license may be revoked for one year
  • The Chemical Revocation will be part of your permanent driving record

You may also face other penalties, including financial costs.

How a Smithville Criminal Defense Lawyer May Help You

When you provided your implied consent to a breathalyzer at the time you got your license, you only agreed to take a breathalyzer if you were lawfully stopped for a suspected drunk driving offense. If the officer pulled you over unlawfully or if you were stopped for a reason other than alleged drunk driving, then you should not have had to take a breathalyzer test.

You must act quickly if you want to challenge a police officer’s Chemical Revocation of your license and avoid the associated legal consequences. Our criminal defense lawyer is here to assess your case and make sure your rights are protected. Contact us as soon as possible for a confidential consultation.