If you’ve been pulled over for drunk driving in Missouri, you’ll need to decide whether to submit to a breath test. It’s a split-second choice—and one that can have serious consequences for your driving privileges.
So, what happens if you refuse a breath test in Missouri?
Missouri’s Implied Consent Law
Under Missouri’s implied consent law, anyone who operates a motor vehicle on public roads is presumed to have given consent to chemical testing—breath, blood, or urine—when arrested for driving while intoxicated (DWI). In other words, by driving in Missouri, you’re preemptively agreeing to take a chemical test if an officer has reasonable grounds to believe you were driving under the influence.
Refusing to take a breath test triggers an administrative license suspension by the Missouri Department of Revenue (DOR):
- First refusal: Your driver’s license will be revoked for one year, with no possibility of restricted driving privileges for at least 90 days. This is called a “chemical revocation.”
- Subsequent refusals within five years: Additional refusals can result in longer revocation periods (up to two years with no possibility of restricted driving privileges for the first year) and harsher collateral consequences.
The officer will confiscate your license on the spot and give you a Notice of Revocation. The notice serves as a temporary driving permit for 15 days.
Can You Challenge the Revocation?
Yes, you can challenge your revocation—but you have to act fast. You have the right to request a hearing in circuit court to challenge the revocation. You must file a petition for review within 30 days of receiving the Notice of Revocation. This is known as a Petition for Review. At the hearing, the court will consider two main questions:
- Did the officer have reasonable grounds to believe you were driving under the influence?
- Did you actually refuse the chemical test?
If the answer to both is yes, the revocation usually stands. However, an experienced DWI attorney may be able to challenge the evidence, raise procedural issues, and negotiate for a better outcome.
Limited Driving Privileges
If you refuse the breath test and your license is revoked, you may still be eligible for a Limited Driving Privilege (LDP). This is also known as a hardship license. To qualify, you must:
- Install an Ignition Interlock Device (IID) on your vehicle.
- Maintain SR-22 insurance (proof of financial responsibility).
- Apply for the LDP
Keep in mind: if you’ve had previous DWI convictions or chemical test refusals, your eligibility for a hardship license may be limited or denied.
Is Refusing the Breath Test Ever a Good Idea?
It depends. In some cases, refusing may limit the evidence prosecutors can use against you. But in Missouri, refusal carries its own serious penalties—especially the automatic one-year revocation. It’s also worth noting that law enforcement can still obtain a warrant for a blood test in many cases. In other words, even if you refuse, you may still be subject to chemical testing.
Discuss Your Options with a Missouri DWI Defense Attorney
If you or a loved one has refused a breath test, the most important step is to speak with an experienced Missouri DWI lawyer as soon as possible. The attorneys at Travis Noble, P.C. understand Missouri’s DWI laws inside and out and can walk you through your options. Reach out today to protect your driving rights.