Breathalyzer Tests: Should You Blow?

If you drive in Missouri, you have already consented to a blood alcohol test and being video tapped during the test. That’s right! According to Missouri’s Implied Consent Law, anyone that is operating a vehicle in Missouri is deemed to have already given consent to a breathalyzer test to determine their level of intoxication.   

This article provides general information to consider if you are asked to take a breathalyzer test, including your right to contact an attorney within a specified amount of time, and helps you understand the implications if you agree or refuse such tests.

Your Options if Asked to Take a Breathalyzer Test

You can either agree to or refuse a breathalyzer test if you are suspected of driving while under the influence of drugs or alcohol. Although the options may sound simple, your answer is not because of implications with each – so choose wisely.

Agreeing to a breathalyzer test to determine your blood alcohol level provides Blood Alcohol Content (B.A.C) evidence to the police and prosecutors, which will be used against you in a court of law.

Refusing a breathalyzer test can lead to a search warrant and the loss of your driver’s license for a year at which time a judge determines the date that your driving privileges may be reinstated. Although refusing to complete a breathalyzer test omits a crucial piece of evidence, you can still be convicted of a DWI in a court of law.

Driver’s License Suspensions & Revocations

First-time DWI offenses result in a 30-day driver’s license suspension. If the offender’s B.A.C level is 0.08% or greater an additional 60-day limited driving privilege or 15-day ignition interlock device restriction can be applied.  

Repeat DWI offenders typically lose their license with a 1-year or more license revocation and face criminal penalties greater in severity for each repeated offense. Severity levels can lead to jail, prison, or license revocations of greater than 1 year.

If you are confident that your blood alcohol level is less than 0.08%, then consider agreeing to the test. If you are drunk, then you are probably over the B.A.C. limitation and the implications of agreeing or refusing are most likely going to be detrimental to you.

Time is Ticking to Contact an Attorney

By law, you have 20-minutes to determine if you agree to take or refuse the breathalyzer test. During these 20 minutes, you may contact an attorney for advice. However, know that at the end of the 20-minutes, you must agree to take the test or automatically lose your license for 1-year. 

Call Day or Night for an Experienced DWI Attorney

If you need an attorney because you have a DWI, have found yourself in the time ticking period, or have questions, contact attorney Chris Benjamin by calling 816-425-2420 or 913-340-9544. You can also navigate to our contact page to schedule a consultation at any of our offices.