St. Louis DWI Lawyer | Missouri DWI

Breath Test Refusal in a Missouri DWI Case

In Missouri, if a driver refuses to provide a chemical sample in violation of the Missouri Implied Consent Law, the driver’s license may be revoked for one year. To challenge the revocation, a driver must file a Petition for Review with the state court in the county where the arrest took place. A circuit court judge will typically hear the case. A Petition for Review must be filed within 30 days of receipt of the Notice of Revocation or the driver will be forever barred from challenging the revocation and will begin serving his or her 1 year revocation.

There are three main issues to be determined in a license suspension hearing for refusing to submit to a chemical test in a Missouri DWI administrative case.

  • The driver must be placed under arrest
  • The police officer must have reasonable grounds to arrest the driver
  • The driver must have actually refused the chemical test

20 Minutes to Contact a Lawyer

In Missouri, when a driver is arrested for DWI, he or she is entitled to a 20 minute period in which to speak with an attorney after the Missouri Implied Consent Law is read by the officer and the driver is asked to consent to a chemical test only if the driver specifically asks to speak with an attorney.

Defending a DWI Refusal Case in Missouri

A Missouri DWI refusal case is most often challenged on the grounds that the police officer did not have probable cause to arrest the driver. By refusing to submit to a chemical test, the case against you is typically based entirely on the officer’s opinion and his or her interpretation of the field sobriety test. In a DWI case, there are certain standards in which a police officer must adhere to when conducting a DWI investigation and making an arrest. There is a lot of room for error. Most police officers do not perform every phase of the investigation and arrest properly. At Henderson & Waterkotte, P.C., we will carefully and thoroughly investigate all the facts and circumstances pertaining to your arrest to find flaws with the police officer’s conduct.

Call an Aggressive St. Louis DWI Lawyer Today

If you have been arrested for a DWI, it is imperative that you immediately contact a lawyer to preserve your driving privileges. Contact the St. Louis DWI lawyers of Henderson & Waterkotte, P.C. today for a free consultation and to learn how the law applies to your situation. We are available 24/7 to meet your needs.