Penalties for Refusing a Breath/Blood Test in MO
Contact Experienced DWI Attorneys in Columbia - (573) 710-4716
Whatever the challenges present in your drunk or drugged driving case,
our defenders at Holder Susan Slusher, LLC have the experience and tenacity
to help you.
Available 24/7 to help you, our trial-winning team offers the client-recommended, compassionate support
that you can rely on. We can help you understand and avoid the penalties
- What are the penalties you could be facing?
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
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, LLC offers experience and expertise when defending
you against DWI related cases in Missouri.
Contact us today at (573) 710-4716 to schedule your FREE case review. Failure to
do so may result in an unnecessary one year suspension of your driving