What Happens If You Refuse a Breathalyzer in Missouri?

Refusing a breathalyzer test in Missouri can have immediate and serious consequences. Under Missouri’s Implied Consent Law, refusing chemical testing results in an automatic one-year revocation of driving privileges, separate from any criminal DWI charges. The revocation applies even if someone is never convicted of DWI in court.

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. We’ve represented many clients who refused breathalyzer tests and faced the resulting consequences. Here’s what someone needs to know about refusing a breathalyzer in Missouri and what happens next.

Missouri’s Implied Consent Law

When someone operates a motor vehicle in Missouri, they automatically consent to chemical testing if arrested for DWI. The chemical test can be of the driver’s blood, breath, or urine. This is called “implied consent,” and it’s codified in RSMo § 577.020.

According to the Missouri Department of Revenue, “When you are arrested for a driving while intoxicated offense, a police officer will ask you to submit to a chemical test to determine your blood alcohol content or drug level. While the state of Missouri deems you to have consented to such testing under its ‘implied consent’ law, you may refuse to submit to the test.”

However, refusing has consequences.

What is a Chemical Revocation?

If someone refuses to submit to a breathalyzer or other chemical test in Missouri, their driving privilege is automatically revoked for one year. This is known as a “Chemical Revocation” under RSMo § 302.574.

According to the Missouri Department of Revenue, “If you refuse to take the alcohol or drug test, your Missouri driving privilege will be revoked for one year.”

This revocation is administrative, not criminal. It happens through the Missouri Department of Revenue, not through the criminal court system. That means someone can face both:

• A one-year administrative revocation for refusing the test
• Separate criminal DWI charges in court

The two proceedings are independent. Being found not guilty of DWI in criminal court does not restore driving privileges that were revoked for test refusal.

How Does the Chemical Revocation Process Work?

When someone refuses a breathalyzer or chemical test in Missouri, here’s what happens:

Initial Notice at the Time of Arrest

According to Missouri law, the arresting officer typically serves the initial notice of revocation at the time of arrest. The officer will:

• Complete an Alcohol Influence Report form
• Issue a ^[a]Missouri Form DOR-4323 (Notice of Revocation for Refusal to Submit to Chemical Test)
• Issue a Temporary 15-Day Driving Permit (if the driver’s license is taken)
• Take possession of the Missouri driver license, if available
• Send all documentation to the Missouri Department of Revenue

If the officer does not serve the notice at the time of arrest, the Department of Revenue will send it by mail.

Filing a Petition for Review in Circuit Court

Unlike the procedure when someone tests over the legal limit, Form 4323 does not include a built-in hearing request. Instead, challenging a refusal revocation requires filing a Petition for Review directly with the Circuit Court or Associate Circuit Court in the county where the arrest occurred.

A St. Louis DWI lawyer must file:

1. A Petition for Review – a civil lawsuit against the Director of Revenue challenging the revocation
2. A motion for a Stay Order – requesting that the court prevent the revocation from taking effect while the case is pending

If the court grants the Stay Order, the driver can continue operating a vehicle on that Stay Order until the Petition for Review hearing is held and a decision is made.

Reinstating Driving Privileges After a Chemical Revocation

To reinstate Missouri driving privileges after a one-year Chemical Revocation for test refusal, the following requirements must be met according to the Missouri Department of Revenue’s License Reinstatement Requirements:

Pay the $45 Reinstatement Fee

A $45 reinstatement fee must be paid to the Missouri Department of Revenue.

File and Maintain an SR-22 Insurance Form

An SR-22 form is a certificate of financial responsibility filed by an insurance company with the Department of Revenue. It proves the driver carries the minimum required liability insurance.

According to the Missouri Department of Revenue, the SR-22 must be maintained “for two years from the effective date of your Chemical Revocation.”

If the insurance policy is canceled or lapses during that time, the insurance company notifies the Department of Revenue, and the driving privilege may be suspended again.

Complete a Substance Awareness Traffic Offender Program (SATOP)

Even if someone was never convicted of DWI, they must complete a Substance Awareness Traffic Offender Program (SATOP) to reinstate their license after a Chemical Revocation.

According to the Missouri Department of Revenue, “If you have an alcohol offense, such as an alcohol or drug revocation on your driver record, the law requires you to complete a Substance Awareness Traffic Offender Program (SATOP) (or comparable program) as a condition of reinstating your driving privilege in Missouri.”

Install an Ignition Interlock Device (If Required)

If the driver’s record shows more than one intoxication-related law enforcement contact, an Ignition Interlock Device (IID) must be installed on any vehicle they operate.

According to the Missouri Department of Revenue, “You must maintain the device for a minimum period of six months from the reinstatement date. You will be monitored during the last three months of the six-month period. If you have any violations, as determined by the device manufacturer during the monitoring period, your requirement to maintain the device will be extended until you complete a three-month consecutive period without violation. Violations are defined in 7 CSR 60-2.010 (refer to ‘violations reset’ language).”

More information about Ignition Interlock Devices is available on the Missouri Department of Revenue’s IID FAQ page.

Can Someone Get a Limited Driving Privilege After Refusing a Breathalyzer?

Yes. Although driving privileges are revoked for one year after refusing a breathalyzer, drivers may be eligible for a Limited Driving Privilege (LDP).

For a standard one-year revocation, the driver submits Form 4595 – Application for Limited Driving Privilege, and the Department of Revenue issues the LDP administratively. A court petition is only required when the driver is subject to a five or ten-year denial.

However, at Rose Legal Services, we first file a Petition for Review (PFR) to attempt to avoid the revocation entirely. We also seek a Stay Order to allow the client to continue driving while the PFR case is pending. If we are hired too late to file a PFR, or if our effort to obtain the Stay Order or rescind the revocation fails, then we can proceed with the Form 4595 to obtain an LDP.

The LDP requires installation of an Ignition Interlock Device (IID) and filing of an SR-22 form. The LDP may be used for work, alcohol program appointments, medical treatment, school, and other necessary purposes.

The Criminal DWI Case Continues Separately

It’s critical to understand that refusing a breathalyzer does not prevent someone from being charged with DWI. The administrative Chemical Revocation and the criminal DWI case are two separate proceedings.

Prosecutors can still file criminal DWI charges based on:

• The officer’s observations of driving behavior
• Field sobriety test results
• The defendant’s appearance, speech, and behavior
• Statements made to the officer
• The fact that the defendant refused testing

In fact, prosecutors often argue that refusal to take a breathalyzer is evidence of consciousness of guilt—that the person refused because they knew they would fail the test. Under Missouri law, this refusal can be admitted as evidence at trial.

However, refusal alone is not enough to convict someone of DWI. Under RSMo § 577.010, prosecutors must still prove beyond a reasonable doubt that the defendant operated a vehicle while in an intoxicated condition. They typically do this using other evidence, such as the officer’s observations, field sobriety test results, and the defendant’s driving behavior.

What to Do After Refusing a Breathalyzer in Missouri

If someone has already refused a breathalyzer test in Missouri:

1. File a Petition for Review (PFR) within 30 days. This is the only way to challenge the revocation before it takes effect.
2. Contact a DUI defense attorney immediately. Both the administrative revocation and any criminal DWI charges need to be addressed.
3. Do not discuss the case with anyone except an attorney. Statements made to friends, family, or on social media can be used as evidence.
4. Preserve any evidence that supports the defense. This may include receipts, witness contact information, or documentation of where the person was before being stopped.
5. Begin researching SATOP providers and SR-22 insurance. Even if challenging the revocation, it’s wise to prepare for the reinstatement requirements.

How Rose Legal Services Handles Chemical Revocation and DWI Cases

At Rose Legal Services, DWI is our most common type of case and makes up 40% of our caseload. All of our DWI attorneys in St. Louis have done the same DWI training as law enforcement officers, and we have extensive experience handling both the administrative Chemical Revocation process and criminal DWI charges.

When someone works with our firm after refusing a breathalyzer, we:

• Represent clients at Department of Revenue hearings
• Challenge the basis for the stop, arrest, and revocation
• Defend against criminal DWI charges in court
• Help clients obtain Limited Driving Privileges when eligible
• Guide clients through the license reinstatement process

We know the prosecutors and judges in Missouri courts, and we understand how these cases are handled from both the administrative and criminal perspectives.

Refusing a Breathalyzer Has Serious Consequences

Refusing a breathalyzer in Missouri results in an automatic one-year revocation of driving privileges, separate from any criminal DWI case. While someone may be eligible for a Limited Driving Privilege, the process of obtaining one and eventually reinstating a full license is complex and requires completing multiple requirements.

If someone has refused a breathalyzer test or is facing a Chemical Revocation in Missouri, they need experienced legal representation immediately. At Rose Legal Services, we’ve been helping people facing DWI charges and license revocations navigate Missouri’s criminal justice system and achieve the best possible outcomes.

Your defense starts with a conversation.