When I am out in the community, people often ask me if they should refuse a breathalyzer test.
I hesitate to answer because, as an attorney, I want to know all of the facts before I can give somebody good advice.
But let’s talk about that. First of all, we’re in Springfield, Greene County, Missouri. So what we’re going to talk about applies, generally, to Springfield and the surrounding area.
Let’s say you get pulled over Friday night, and the officer says, “I want you to submit to a breathalyzer, and if you don’t you’ll lose your license for a year.’ They’re trying to scare you into taking it because that is what their training teaches. They want that evidence.
Now, the old school theory is ‘refuse everything.’ Because, in theory, if you refuse a breathalyzer test, they will not have that evidence to prove you guilty beyond a reasonable doubt.
The bad thing is now that things are different; if you refuse, the officer has probable cause to get a search warrant. And if you’re in Greene County or Christian County, you’re in a no-refusal jurisdiction. This means they have policies to get that search warrant signed electronically by the prosecutor and the judge. That means in 20 minutes; they will have you strapped to a chair, drawing your blood. So they will have your refusal of the breathalyzer to hold against you, and they will also have blood test evidence.
I’m not going to give you advice on the internet about whether you should or should not refuse; that is something we’d need to discuss. I am telling you that if you refuse, they will get your blood, and you will be fighting for your license.
Let’s say you do refuse. What about the statement that cop about how they’re going to take your license for a year? Under Missouri’s implied consent law (something you signed that you didn’t even know you signed when you got your license), you agreed that you would submit to a blood test or breath test when asked, and if you didn’t, you’d lose your license for a year. You’ve already agreed to it. Implied consent is the law. An attorney files a stay, a stop to that action, and we file a lawsuit saying our client needs to keep their license.
The problem is there is a time frame in which this has to happen. You lose your license automatically within 15 days if you do nothing. We lose the ability to fight within 30 days. So if you refuse a breathalyzer, you need to tell me immediately. We’re already on the clock. It is a very hard timeline.
Unfortunately, I deal with many people who may be embarrassed or not know what to do. I get that. But if you don’t act quickly, you will lose your license. An attorney is going to fight that result. We handle these sorts of cases all the time, but they are incredibly complicated, with many moving parts. That is why you need to hire an experienced DWI attorney. Not your family attorney, not an estate attorney. You need somebody who does this every day to ensure they properly represent you.