Breath Test Refusals


If you refused to submit to a breath test, your license has most likely been revoked for one year and your driving on a 15 day permit given to you by the police officer who arrested you. Most people cannot afford not to drive for a whole year. Our firm can in aggressively fight to get your driving privileges back ASAP! What if you weren’t legally intoxicated? What if the police officer didn’t have reasonable suspicion to stop you? We can help!

Missouri’s implied consent law requires a driver to submit to an alcohol and/or drug test when requested by a law enforcement officer. If the driver refuses to submit to the test, the license is revoked for one year.

Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form. The arresting officer will take possession of any valid Missouri driver license the driver has in his or her possession and issue a 15-day permit, if applicable. Any continued driving beyond the initial 15-day period must be pursuant to a court issued stay order. The stay order will temporarily suspend the revocation until the case is settled.

If the court upholds the arrest, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the revocation is canceled and the license is returned, if applicable.


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