If you refused to blow, your license automatically will be revoked if you don’t act quickly. You need a talk to a Missouri DWI lawyer now to preserve your rights.
“Refused to Blow”
Missouri’s Implied Consent Law
15 Day Permit
Petition for Review | Stay Order
License Revocation
License Reinstatement
Separate and apart from the criminal charges that may arise out of being arrested for Driving While Intoxicated (DWI) or Driving under the Influence (DUI), a person arrested in Missouri for DWI or DUI also may be subject to administrative sanctions by the Missouri Department of Revenue Driver License Bureau, which sanction may include driver license suspension and revocation.
After being arrested for DWI or DUI, a driver’s refusal to submit to chemical test or breath alcohol test when requested to do so by a law enforcement officer may result in the revocation of the driver’s license under MIssouri’s Implied Consent Law.
In short, “refusing to blow” may result in the revocation of your license for 1 year. We can help, but time is of the essence.
Missouri’s Implied Consent Law
Every driver in Missouri is deemed to have given consent to a blood alcohol test after being arrested upon the reasonable belief that they were driving while intoxicated or under the influence of drugs. This commonly is referred to as Missouri’s “Implied Consent Law” (RSMo § 577.041).
Refusal to Submit to a Breath Alcohol Test (BAT)
1 Year License Revocation
If a driver refuses to submit to a Breath Alcohol Test (BAT) 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, the driver’s license is revoked for 1 year.
Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form (AIR) or a Refusal Affidavit.
15 Day Permit
The arresting officer will take possession of any valid Missouri Driver License the driver has in his or her possession and issue a 15 day permit.
Petition for Review of Revocation – Stay Order
Any continued driving beyond the initial 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 serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, the revocation is canceled and the license is returned, if applicable
The reinstatement requirements are:
Pay a $45 reinstatement fee.
Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP). The Division of Alcohol and Drug Abuse will send this form directly to the Department of Revenue after the program has been completed.
Refused to Blow?
Don’t take a 1-Year License Revocation Lying Down!
Talk to One of Our Experienced DWI Defense Lawyers Today for FREE
The lawyers at PulledOver.com can file a lawsuit on your behalf against the Department of Revenue in the County in which you were arrested. In the lawsuit, we will Petition the Court to review and overturn the Department of Revenue’s revocation of your license, request the Court enter a Stay Order holding in abeyance the revocation of your license until the final disposition of the case so that you may drive legally while the case is pending, and that the revocation be overturned and quashed, and that the Department of Revenue be Ordered to remove any reference to the revocation from your driving record. CLICK HERE for a FREE consultation with a DWI defense attorney at PulledOver.com to learn more. Time is of the essence, so please act now. Talk to one of our experienced DWI defense lawyers today for FREE.