Kansas City, Missouri DUI Lawyer
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.
What Constitutes a DUI Refusal in Missouri?
Withdrawal of the Implied Consent in Missouri 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.
What Happens If I Take the Breathalyzer Test and Blow .08 or more?
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 or your
DUI Attorney does 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.
How Do I Request A Drivers License Hearing in Missouri?
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).
What is the Penalty for Refusing to take the Breathalyzer in Missouri?
The 30-Day Rule: 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 at 816 361 0964 or
913 383 3311.