Hi <<Goes By Name>>,
Should I blow? As a criminal defense attorney, it may be the question I hear the most. And if you've been arrested for DWI, whether to submit to a breathalyzer test is the most critical decision.
Missouri's Implied Consent Law
Missouri operates under an implied consent law. This means that by driving on state roads, you've implicitly consented to a breathalyzer test if arrested for DWI on the basis of probable cause. However, there are important factors to consider:
Refusal Consequences: Refusing the test can lead to the loss of your driver’s license for a year.
Test Results: Providing a breath sample can strengthen the prosecution's case if your BAC exceeds 0.08%.
When to Blow, When Not To
While there's no foolproof rule, here's a general guideline:
If you’re certain you’ve had two or fewer drinks: Blow.
Otherwise, Do NOT blow. Consult an attorney immediately.
What is a drink? A “drink” is 12 ounces of regular beer (5% alcohol - think regular, American beer, nothing fancy), five ounces of wine (a small wine glass filled about halfway), or 1.5 ounces of distilled spirits (one shot of vodka, gin, whiskey, bourbon, or scotch).
