Posted by Sansone / Lauber Trial Lawyers on February 19, 2011SHARE IT
One of the most commonly asked Missouri DWI related question is, should I refuse to take a breath test? Follow the link for our explanation and the answer. Short answer, unless you are sober or are sure you will blow under a .08, then absolutely no, taking the breath test can only hurt you.
Under Missouri’s implied consent law refusal results in a 1 year revocation, but we can often beat that. One such case, among many, was Kevin H. v. Missouri Dept. of Revenue (St Louis County – 10/25/2007), which was a trial judgment in Favor of DWI defendant in 1 year revocation hearing, ordering the Missouri DOR to dismiss all administrative action against his license.
See: PFR ORDER – Missouri 1 year revocation dismissed after trial
St Louis County DWI and alleged refusal to submit to breathalyzer test by my client Kevin. Based on Missouri’s implied consent law he was subject to a 1 year revocation. Forced to a trial, Missouri DWI lawyer Ben Sansone won as the State could not prove that Kevin refused to submit to a blood test. No license revocation; thus driver’s privileges reinstated in full and any indication of revocation Ordered stricken from Kevin’s record.
DWI defendant has no history of this incident on his criminal record, driving record, or for insurance purposes.