Is Refusing the Breathalyzer in Missouri a Good Idea?

Many people believe that refusing a breathalyzer test will help their case by preventing the prosecution from having BAC evidence. But in Missouri, refusing the breathalyzer creates a separate set of serious consequences that can be worse than taking the test.

Here’s what actually happens when someone refuses a breathalyzer test in Missouri is essential before making this decision.

Missouri’s Implied Consent Law

When someone operates a vehicle on Missouri’s public highways, they automatically consent to chemical testing if arrested for DWI. This is called “implied consent,” and it’s codified in Missouri Revised Statutes § 577.020.

Under this law, anyone who operates a vehicle in Missouri “shall be deemed to have given consent” to a chemical test of their breath, blood, saliva, or urine if:

• They are arrested for an offense where the officer had reasonable grounds to believe they were operating a vehicle while intoxicated
• They are involved in a collision that resulted in a fatality or serious physical injury
• They are under 21 and the officer has reasonable grounds to believe they have a BAC of 0.02% or greater

The test must be administered at the direction of a law enforcement officer whenever the person has been stopped, detained, or arrested.

What Happens When Someone Refuses the Breathalyzer

Under § 577.041, if someone refuses to submit to chemical testing, several things happen immediately:

1. The Refusal Is Admissible in Court

The statute specifically states:

“If a person under arrest… refuses upon the request of the officer to submit to any test allowed pursuant to section 577.020, then evidence of the refusal shall be admissible in any proceeding related to the acts resulting in such detention, stop, or arrest.”

This means the prosecutor can tell the jury: “The defendant refused to take the breathalyzer test.” Prosecutors routinely argue that innocent people don’t refuse testing – only guilty people refuse because they know they’re over the limit.

2. Immediate License Revocation

According to the Missouri Department of Revenue, refusing a chemical test results in an automatic 1-year revocation of driving privileges. This revocation is administrative, not criminal, meaning it happens regardless of whether the person is ever convicted of DWI.

The officer must inform the person that “his or her license shall be immediately revoked upon refusal to take the test.”

3. The Revocation Is Permanent on the Driving Record

According to Missouri DOR, a chemical revocation for refusal to submit to testing “is a permanent part of the record and can never be removed.” This is different from a DWI conviction, which may be eligible for expungement after a certain period under specific circumstances.

This permanent mark can affect:

• Future DWI charges (counts toward prior offenses)
• Insurance rates indefinitely
• Employment requiring a clean driving record
• Professional licensing in some fields

The Required Steps to Get Driving Privileges Back After Refusal

Even without a DWI conviction, someone who refused a breathalyzer test must complete several requirements to regain their license:

Substance Awareness Traffic Offender Program (SATOP)

According to Missouri DOR, anyone with a chemical revocation must complete a Substance Awareness Traffic Offender Program (SATOP) “as a condition of reinstating your driving privilege in Missouri” – even if they were never convicted of DWI or were convicted of a lesser charge.

SR-22 Insurance Filing

The person must file an SR-22 form showing proof of liability insurance. This filing must be maintained for 2 years from the effective date of the chemical revocation.

SR-22 insurance typically costs significantly more than standard auto insurance because it identifies the person as a high-risk driver.

Ignition Interlock Device (IID)

According to Missouri DOR requirements, anyone with more than one intoxication-related law enforcement contact on their record must install an Ignition Interlock Device on any vehicle they operate. The device must be maintained for a minimum of 6 months after reinstatement.

The person is monitored during the last 3 months of the 6-month period. Any violations extend the requirement until they complete 3 consecutive months without violations.

Limited Driving Privilege During Revocation

Someone under a chemical revocation may be eligible for a Limited Driving Privilege (LDP) that allows them to drive for work, medical treatment, school, or their alcohol program. However, they must:

• Install an Ignition Interlock Device
• File an SR-22 form
• Pay all associated fees

The Criminal Case Still Proceeds

Many people refuse the breathalyzer, thinking it will prevent a DWI conviction. This is false.

Prosecutors can – and regularly do – pursue DWI convictions based on:

• Field sobriety test results
• Officer observations (slurred speech, bloodshot eyes, odor of alcohol, unsteady gait)
• Driving behavior before the stop
• Statements made to the officer
• Video evidence from dashcam or body camera

Under § 577.010, the offense of driving while intoxicated occurs when someone “operates a vehicle while in an intoxicated condition.” The statute does not require a specific BAC reading – it only requires proof of intoxication.

When Refusing Might (Rarely) Make Sense

There are limited situations where refusing might be strategically advantageous:

If BAC Would Be Extremely High

If someone knows their BAC is significantly over the legal limit (0.08% in Missouri) – for example, 0.15% or higher – the enhanced penalties for high BAC might outweigh the consequences of refusal.

Under § 577.010(5), someone convicted of first-offense DWI with BAC between 0.15% and 0.20% faces a minimum 48-hour jail sentence, while BAC over 0.20% requires at least 5 days imprisonment.

If There Are Multiple Prior DWIs

Someone who already has prior DWI convictions and knows they’re over the limit might refuse because they’re already facing felony charges regardless. However, this must be weighed carefully against the fact that the refusal will be used against them at trial.

If There Are Medical Reasons Making Testing Unreliable

Some medical conditions or medications can affect breathalyzer results. However, this is better addressed by requesting a blood test instead of refusing all testing.

Drivers Have The Right to Contact an Attorney Before Testing

Under § 577.041(3), anyone requested to submit to chemical testing has the right to 20 minutes to attempt to contact an attorney before deciding whether to submit to the test:

“If a person when requested to submit to any test allowed pursuant to section 577.020 requests to speak to an attorney, the person shall be granted twenty minutes in which to attempt to contact an attorney. If, upon the completion of the twenty-minute period the person continues to refuse to submit to any test, it shall be deemed a refusal.”

This is a critical right. An attorney can provide immediate guidance about whether refusal makes sense given the specific circumstances.

Appealing a Chemical Revocation in DWI Cases

Someone who has had their license revoked for refusing a breathalyzer test has 30 days from the date the Notice of Revocation is issued to appeal. According to Missouri DOR:

• The person must petition the Circuit or Associate Circuit Court in the county where the arrest or stop occurred
• If the stop occurred in another state, they must petition the Cole County Circuit Court in Jefferson City, Missouri

This administrative hearing is separate from the criminal case and focuses solely on whether:

• The officer had reasonable grounds for the stop
• The officer had reasonable grounds to believe the person was driving while intoxicated
• The person was properly asked to submit to testing
• The person refused

What Most People Should Do Instead of Refusing

For most people stopped for suspected DWI in Missouri, refusing the breathalyzer test creates more problems than it solves. The better approach is usually to:

1. Exercise the right to contact an attorney within the 20-minute window provided by law
2. Submit to chemical testing if advised to do so
3. Remain polite but provide minimal information to law enforcement
4. Contact a criminal defense attorney immediately after the arrest

Even with a BAC reading over the legal limit, there may be defenses available:

• Challenging the legality of the traffic stop
• Questioning the accuracy of the breathalyzer device
• Examining whether proper procedures were followed
• Challenging officer observations and field sobriety tests

Contact Rose Legal Services Today

If you’ve already refused a breathalyzer test or are currently being asked to submit to testing, contact Rose Legal Services immediately. Time is critical – you have only 30 days to appeal the administrative revocation and only 20 minutes to contact an attorney before making the decision to test or refuse.

Your defense starts with a conversation.