Should You Take the Breathalyzer Test in Missouri? What You Need to Know Before You Decide

If you’ve been arrested for DWI, deciding whether to submit to a breathalyzer test is one of the most critical choices you’ll make.

Missouri’s Implied Consent Law

Missouri operates under an implied consent law, meaning that by driving on state roads, you have automatically agreed to take a breathalyzer test if arrested for DWI on probable cause. However, there are important considerations to keep in mind:

  • Refusal Consequences: Refusing a breathalyzer test can result in a one-year driver’s license suspension.
  • Test Results: If your BAC exceeds 0.08%, the test results can be used as strong evidence against you in court.

When to Submit to a Breathalyzer Test & When Not To

While there’s no universal answer, here’s a general guideline:

  • If you’re certain you’ve had two or fewer drinks: It may be safer to blow.
  • Otherwise: Do NOT blow. Instead, consult an attorney immediately.

What Counts as a “Drink”?

A “drink” is typically measured as:

  • 12 ounces of regular beer (5% alcohol, standard American beer)
  • 5 ounces of wine (a small glass filled about halfway)
  • 1.5 ounces of distilled spirits (one shot of vodka, gin, whiskey, bourbon, or scotch)

However, there are complications:

  • Many beer glasses hold more than 12 ounces.
  • Wine glasses have become significantly larger over time.
  • Many craft beers and premium wines have a higher alcohol content.
  • Mixed drinks can be unpredictable, with some containing multiple shots.

Because of these uncertainties, **if you are in doubt, do NOT blow**. When we receive a call from a motorist arrested for DWI, we generally advise against taking the test if they have consumed any alcohol at all.

Protect Your Rights After a DWI Arrest

Keep these key points in mind:

  • Your rights are important—do not waive them.
  • Consider the legal and financial consequences of your decision.
  • Consult with an attorney before making any choices.

If you find yourself in a DWI situation, don’t wait. Contact Rose Legal Services today for experienced legal representation. We are here to protect your rights and guide you through the legal process.

Author Bio

Scott Rose, an experienced criminal defense lawyer and founder of Rose Legal Services, has been practicing law for over 20 years. He is dedicated to representing clients facing criminal charges and providing legal representation on various cases, including DWI, misdemeanor, and felony cases.

After graduating from the University of Virginia School of Law, he gained valuable experience working for a United States Senator and as a Judicial Law Clerk for the Chief Judge of a United States District Court. Throughout his legal career, W. Scott Rose has committed to providing high-quality legal representation to his clients, earning him a spot in the National Top 100 Trial Lawyers.

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