Implied Consent Refusal Defense Lawyer serving St. Louis, Kansas City, and ALL of Missouri.

Combs Waterkotte is the leading Implied Consent Refusal Defense Law Firm serving St. Louis, Kansas City, and the entire state of Missouri.

Implied Consent Refusal Defense Lawyer in Missouri

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As the leading DWI/DUI Implied Consent Refusal attorneys in Missouri, Combs Waterkotte ensures your rights are protected. With more than 370 reviews, a proven track record, and thousands of settled/dismissed DWI and DUI cases, our attorneys can help you navigate implied consent refusal. Get in touch with our DWI legal team today to learn more.

What is Implied Consent Refusal in Missouri?

Under Missouri law, implied consent laws mean that by operating a vehicle, you automatically agree to submit to a chemical test, such as a breathalyzer or blood test, if a law enforcement officer has reasonable grounds to suspect that you are driving under the influence of alcohol or drugs. Implied consent refusal is when you can outright deny being tested after a stop. Officers would have to put you under arrest, get a warrant, and can test you once you're brought into the station.

The primary goal of this law is to protect your right to refuse chemical testing. Refusing on the spot prevents police from collecting physical evidence during DWI/DUI investigations. However, refusing to take a test may result in an automatic license suspension for up to one year. It’s crucial to know these potential consequences when making decisions during a traffic stop.

Refusing implied consent is recommended by our experienced criminal defense team here at Combs Waterkotte. While procedural errors and other rights violations can remove any charges, chemical tests are physical evidence that proves you were intoxicated or under the influence. Implied consent refusal removes a powerful piece of evidence from the equation. As mentioned, you can still be tested (or even restrained) if you are arrested to collect evidence once the police get a warrant.

Contacting a Missouri DWI/DUI lawyer right away is critical for navigating the legal process if you are charged for a DWI/DUI whether or not you refused testing. You will need an administrative hearing within 15 days. You'll be given a notice and a temporary license if you refused to be tested. If you are convicted of a criminal case, your license will still be suspended for 90 days, the last 60 of which you may be able to obtain limited driving privileges.

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Why Would You Refuse a Breathalyzer or Blood Test?

• Fear of Incrimination: A driver may refuse a chemical test to avoid providing evidence that could lead to criminal charges. Refusal can sometimes be a defensive strategy to limit the state’s evidence.
• Uncertainty of Sobriety: If a driver is unsure whether they are over the legal limit, they might refuse the test to avoid immediate penalties for exceeding the BAC threshold.
• Concerns About False Positives: Breathalyzers and other testing devices can produce false positives, especially due to foods, medications, or calibration issues. Distrust of the device may lead some drivers to refuse.
• Strategic Considerations for Trial: Refusing a chemical test can either help or hurt a defendant’s case. Without test results, prosecutors may have less direct evidence, but refusal itself can be used against the defendant.
• Delaying to Sober Up: Some drivers believe that refusing initially may buy time for their body to metabolize alcohol before a later test is given under a warrant.