If a driver refuses to submit to a Breath Alcohol Test upon the request of a law enforcement officer after being arrested upon the reasonable belief that the driver was driving while intoxicated or driving under the influence of drugs, their driver's license is subject to a one year revocation. As part of the arrest, the officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form (AIR), or Refusal Affidavit, confiscates any valid Missouri Driver License the driver has in his or her possession, and issues the driver notice of the refusal together with a 15 day temporary driving permit.
Any continued driving beyond the 15 day period must be pursuant to a court issued Stay Order. A formal request that a Judge enter a Stay Order may be made by an attorney for the driver when the attorney files a lawsuit on behalf of the driver against the Department of Revenue and Petitions the Court to review and overturn the revocation of the driver's license. The Stay Order will hold the revocation in abeyance until the final disposition of the case.
If the arrest and revocation is upheld by the court, the driver must serve any remaining time for the original revocation period, and must meet the reinstatement requirements. After the first 90 days of the revocation period, the driver may be eligible for a Limited Driving Privilege (LDP). Only one LDP can be given in a five year period. A person cannot obtain a LDP to drive a commercial motor vehicle.
If the arrest is overturned by the court, the revocation is canceled and the license is returned, if applicable.
Notwithstanding the above, upon a refusal to submit to a Breath Alcohol Test, an officer may still request and obtain a warrant to proceed with a blood draw for determination of blood alcohol content.
The law office of Holder Susan Slusher Oxenhandler, LLC offers experience and expertise when defending you against DWI related cases in Missouri. Contact us today at (573) 355-9270 to schedule your free consultation and case review. Failure to do so may result in an unnecessary one year suspension of your Missouri Driving Privileges.
