Under Missouri Implied Consent laws any person operating a motor vehicle implicitly gives their consent to submit to a test to determine their blood alcohol content when arrested for Driving Under the Influence (DUI) of alcohol, drugs, or a combination of the two when requested to do so by law enforcement.
Withdrawal of this consent by not giving a sample of your blood, breath or urine will constitute a refusal to submit ('Refusal') and may result in a one-year revocation of your Missouri Driving Privileges, even on a first offense. In addition, the fact that you refused to submit to the testing can be admissible against you in a criminal proceeding.
In Missouri your license will be taken by the arresting officer and you will be given a Temporary 15-Day Driving Permit, meaning that your suspension will take effect fifteen days from the issuance of the permit. This applies whether you have refused the test or submitted and failed.
If you take the test and fail it (usually by submitting a to a breath test which indicates a blood alcohol content of .08 or more), a request for a hearing must be made within this fifteen day period. If you do not timely request a hearing your Missouri driving privileges will be suspended or revoked 15 days from the date of service and you will have no further right to appeal, regardless of the outcome in the actual DUI Criminal case.
A successful request for Administrative Hearing by you or your attorney preserves your right to review, and any action or suspension on your driving privilege is stayed, meaning you can continue to drive in Missouri until a hearing can be held (provided your license is not otherwise suspended).
If it is alleged that you have refused to submit to testing, your Missouri Driving Privileges are also valid for fifteen days, however you have thirty days to request a Drivers License Hearing, not just fifteen. A 'Petition for Review' must be filed in the Circuit Court of the County in which the DUI arrest occurred. We routinely file DUI Refusal Petitions for Review in Jackson County, Platte County,and in Clay and Cass County Missouri Circuit Courts. A Judge can and usually will grant an order allowing you to continue to drive until a hearing can be held. The procedure for requesting the Drivers License Hearing / Administrative Review is completely different for DUI Refusal cases and the scope of review differs as well. Failure to file the Petition within this thirty day period means that the ability to challenge the refusal is lost, and the driver will have to serve the suspension.
DUI laws are complex and changing constantly, preserve your right to review and challenge the potential suspension of your Missouri Driving Privileges, contact our office for a no-cost consultation today.