Missouri’s Implied Consent Law: What It Means for DUI Cases
Driving in Missouri is not unregulated. One big regulation is called the “implied consent law.” When officers stop you for driving under the influence, this law becomes active.
What Is Implied Consent?
If you’re driving on highways in Missouri, you agree to a breath, blood, urine or saliva test. That’s an automatic law. You don’t sign anything. It’s included with your privilege to drive. Police also administer these tests to determine if you’ve got alcohol or drugs in your system. If they think you’re drunk or high, they can ask you to take a test. If you say no, there are monumental consequences. The principle of this law is to keep roads safe. Drunk and drug-driving drivers are dangerous. The state wants a way to catch them.
What Happens if You Refuse the Test?
Refusing the test won’t help you. It will hurt you instead.
- Your license can be taken away from you for one year.
- This is called a “Chemical Revocation.”
- You can be charged with DUI in court anyway.
- Your refusal can be used as evidence.
The refusal itself is added to your case. Police will report it. Prosecutors can say you’re hiding something. The judge or jury can convict you. Refusing the test won’t hide what you did. It can cause the judge to convict you. You can also be asked to pay extra fines. You can be asked to attend alcohol education classes. Insurance can go up. Consult a Kansas City criminal defense lawyer.
Can You Fight the Revocation?
Yes, you can. But you must act quickly.
- You have 15 days to petition for a hearing.
- This hearing is with the Department of Revenue.
- A judge will decide whether the refusal was proper.
If you win, you may be able to reinstate your license. If not, the one-year revocation stands.
In the hearing, the judge evaluates three things:
- Did the officer have probable cause for stopping you?
- Did the officer inform you of refusal?
- Did you in fact refuse the test?
If the answer to all three is yes, you lose the hearing. If you lose the case, you can still ask for a limited driving permit. You will need to have an ignition interlock device (IID) installed and show proof of insurance.
What If You Take the Test and Lose?
If you register a blood alcohol level of 0.08% or above, you fail. Under age 21, the level is lower.
Not taking the test has consequences as well:
- 90-day license suspension
- Possible jail time
- Fines
- Court-ordered treatment programs
The results of the test go into your case. If you’re over the limit, that’s substantial evidence for the court. You may be required to do community service too. If you fail twice, the consequences are greater. A second or third DUI has increased jail time, larger fines, and longer license suspension.
What Is a “Refusal Affidavit”?
When you refuse the test, the officer fills out a form. It’s an “affidavit of refusal.”
This form is sent to the Department of Revenue. It’s the evidence you refused the test. When they receive it, your license suspension begins. The officer may also suspend your license immediately. They will give you a paper license. That license is good for 15 days. After that, your license is suspended unless you prevail at your hearing.
Can You Still Drive After Refusal?
You might get a limited driving privilege. This is not mandatory. You will have to:
- Apply to court
- Have an ignition interlock device (IID) installed
- Prove you have insurance
The IID is a small device in your car. It checks your breath before you can start the car. If alcohol shows up, the car will not start. You also must keep SR-22 insurance. This is a special kind of policy that confirms you are covered. It is typically more expensive.
Why Missouri Has This Law
The state wants safe roads. Drunk driving is deadly. The implied consent law helps police prevent dangerous drivers. If people could just say no to a test, drunk drivers might go free. This law gives police more power to stop them. It also saves lives. Testing helps take unsafe drivers off the road. When drivers know they can’t refuse the test without consequences, they may think twice about drinking and driving.
What Happens After a DUI Arrest?
Here’s a simple breakdown:
- Police stop you.
- They suspect drinking or drugs.
- They ask you to take a test.
- When you answer yes and blow it, you are charged.
- When you answer no, your license is revoked.
- You can ask for a hearing within 15 days.
- You may be permitted to drive with an IID.
Each case is individual. Some people take the test and challenge the results in court. Others refuse and challenge the revocation. An attorney can help either way.
Can the Police Force You to Take a Test?
Not necessarily. They need your consent in most cases. But if they get a judge’s warrant, they are able to force you to take the test. This normally is the case if there was an accident, injury, or death. Also, if you’re too intoxicated to converse or are unconscious, the law can presume that is a yes. You gave implied consent by driving, so the test can still be administered.
Can You Be Charged Without a Test?
Yes. Police can charge you with DUI without a test. They can use other evidence:
- How you were driving
- What you said
- How you looked and acted
- Field tests such as walking a straight line
This is not always going to keep charges from happening. It might just get rid of valuable evidence. Other signs, however, will still hurt your case.
What Can You Do?
If you get pulled over, be polite. You can ask for an attorney. You must choose: take the test or pay the price. Consult with a DUI lawyer right away. They can discuss your choices with you. Don’t delay. Time starts fast. Refusing longer than 15 days may result in the loss of your license.
FAQs About Missouri’s Implied Consent Law
1. Can I refuse a breath test without losing my license?
No. If you refuse, you’ll lose your license for one year. It’s a civil penalty, not criminal.
2. Can my license be restored after refusal?
Yes, but it ain’t easy. You must request a hearing within 15 days. You may also demand an IID and court approval.
3. What if I wasn’t driving when police asked for the test?
You must be “in control” of the vehicle. If you’re in the driver’s seat with the keys, that counts.
4. Will my refusal show up in court?
Yes. Refusal can be used against you by prosecutors. It can hurt your case.
5. Is it wiser to take the test or refuse?
Each case is different. But refusal usually causes more problems. You should speak with a lawyer regarding what to do.
Final Thoughts
Missouri’s implied consent law is stringent. It legalizes police to test drivers who are suspected of drinking or taking drugs. If you deny, your license will be revoked. If you comply and test positive, you will be charged with DUI. Even if you refuse, the case may not go away. Police and courts may still hold you accountable for other evidence. Refusing is also a bad message to send to the judge or jury. Regardless, seek legal assistance immediately. The regulations are rapid-fire. A good dui defense lawyer in Kansas City can walk you through it. You are smart. Drive drunk-free. It’s safer for you and all the other road users.