Helping DWI Clients Deal With Testing Consequences
The refusal to take a blood or breath test during a drunk driving stop in Missouri can have significant consequences for your driver's license. However, there are things that can be done in some cases to avoid these consequences.
At The Schellert Law Firm in St. Charles, Missouri, we help clients deal with the impact of a blood or breath test refusal on their criminal and administrative cases for driving while intoxicated (DWI). For a free consultation with a knowledgeable defense lawyer, contact us today.
Fighting to Keep Your Driver's License After a Test Refusal
There are two major types of tests that are used to establish the blood alcohol content (BAC) of someone who is suspected of DWI. Breath tests (aka a Breathalyzer) are more common, but in some circumstances — especially accident cases — blood tests are used.
Under Missouri's implied consent law, refusal of a breath or blood test could cause your driver's license to be automatically suspended for a year.
If the police obtain a warrant, they may even be able to force you to take a blood or breath test despite your refusal. But more commonly, people who refuse the tests are held in custody temporarily and then issued citations for DWI.
If your license is at risk of suspension due to your blood or breath test refusal, we may be able to prevent it from being suspended or get it back by filing a petition for review in the circuit court. In order to have any chance of doing this, we will need to act quickly.
Addressing Your Concerns About Agreeing to the Tests
If you did agree to take a breath or blood test, you may be wondering whether you should have refused to do so. Contact the Schellert Law Firm, to discuss in detail your concerns about this complex issue.
Breath tests, blood tests and field sobriety tests have procedures that must be followed for them to be scientifically valid. We are experienced at evaluating and — where we have the opportunity to do so — attacking the validity of these tests in criminal DWI cases.
Whether you refused or agreed to a breath or blood test, contact us to discuss your options with an experienced DWI defense attorney.
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