In order to legally charge a driver with driving while intoxicated ( DWI), a law enforcement officer will first have to obtain proof that the driver is in fact under the influence while operating a motor vehicle. In most cases, an officer will perform a routine traffic stop and pull the driver over. If the officer has reason to believe that you may be intoxicated, the officer may ask you to submit to a blood or breath test.
If you arrested for refusing to submit to a blood or breath test, for failing a blood or breath test, or were arrested even though you were below the blood alcohol content limit of 0.08%, you need to speak with a skilled Columbia DWI attorney at our firm immediately. You will need to act quickly in order to protect your rights, your freedoms, and your driving privileges.
If you have refused a blood and breath test, you could be facing serious penalties. Even if you were not under the influence of alcohol and simply refused the test for your own reasons, an officer may assume that you are refusing to take the test out of fear of being found guilty. Additionally, an officer may still place you under arrest for violating Missouri's implied consent laws.
If you refuse the blood or breath test, an officer may still pursue the test by requesting or obtaining a search warrant. By obtaining a warrant, an officer may have legal grounds to subject you to a blood or breath test.
If you have been arrested for refusing a blood test or for failing a chemical test, police officers will immediately send a notification to the Department of Revenue. You will then have only 15 days to request an administrative hearing to fight suspension or revocation of your license. The evidence that a police officer has gathered against you may be used to suspend your driver's license or could be used to convict you of a DWI charge.
If you have been arrested, you need to be aware of your rights and protections under the law. No matter how incriminating your case may seem, you will always have the right to fight the allegations that have been made against you.
At Holder Susan Slusher, LLC, we believe that no one can afford the cost of conviction. We have successfully represented clients throughout the Columbia area, including college students and athletes, minors, young professionals, businessmen and women, and other residents of our community.