Drunk Driving
- Taking a Breathalyzer Test?
Refusal to take the breath test calls for a 1 year revocation of driver's
license or your privilege to drive. If you refuse a breath test, the
police officer can confiscate your license on the spot and give you
a 30 day permit. You'll then have 30 days to contest the revocation
of your license.
Also, you'll only have 20 minutes to call your attorney for advice;
after that, you can't refuse the test without losing your license.
At the appeal of your revocation an attorney can attack a very narrow
set of issues with regard to your refusal. The number of these kind
of appeals that are won is not very high. If you have never had a
DWI before it is almost always in your best interest to take the test.
If your B.A.C does test over point one zero in Missouri or point zero
eight in Kansas you will lose your license for 30 days followed by
a limited driving privilege for 60 days upon the filing of an SR-22,
in Missouri, or for 300 days in Kansas.
If you have been stopped for a DUI before in Missouri and had your
license suspended for 30 days because of having a B.A.C. in excess
of point one zero (point one three prior to July 1, 1992) then if
you take the test and have a B.A.C. in excess of point one zero you
will lose your license for an entire year anyway and there is no chance
for a hardship.
So if you have lost your license for 30 days once before and you have
never refused a breath test before, you may want to refuse and take
the one year revocation since at the end of the first 90 days you
will be eligible for a hardship license.
If, however, you have ever refused a breath test before, the second
refusal also results in a year's revocation, without the possibility
of a hardship license. In the state of Kansas there are no hardship
licenses. |
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Criminal Defense