QUESTION
What can happen if I refuse a breathalyzer? How?
Asked on Aug 29th, 2013 on DUI/DWI - Missouri
9 ANSWERS
Michael J. Breczinski
You will get your license suspended for refusing the breathalyzer.
Answered on Sep 09th, 2013 at 4:12 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
You loose your license for a minimum of 1 year even if you are found not guilty of the DUI. Its what is called the implied consent law.
Answered on Sep 09th, 2013 at 4:12 PM
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
In Missouri, if you refuse a breathalyzer, your drivers license will be revoked for one year.
Answered on Sep 09th, 2013 at 4:12 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
at
Sisson & Kachinsky Law Offices
Update Your Profile
Typically you will lose your license under the implied consent law.
Answered on Sep 09th, 2013 at 4:12 PM
Alexis Anne Plunkett
If the police believe you are under the influence, and if you refuse a breathalyzer, in Nevada you will be arrested, taken to jail, and your blood will be drawn via warrant. Therefore, it's just not worth it to refuse. Your blood will be taken regardless, which could then show drugs in your system, whereas a breathalyzer only shows alcohol content. In other states, you may receive an automatic 6 month or 1 year license suspension for refusing.
Answered on Sep 09th, 2013 at 4:12 PM
James Edward Smith
Lose your license.
Answered on Sep 09th, 2013 at 4:12 PM
You can be charged with a refusal under the implied consent law, and if the arrest was made on probable cause for a criminal offense, the police can make telephone application for a warrant to seize a sample of your blood anyway. Conviction for the refusal will be treated in the future as the equivalent of an OWI conviction regardless of whether or not you can beat the underlying case.
Answered on Sep 09th, 2013 at 4:12 PM
If the officer had probable cause to believe that you were driving under the influence of alcohol and the officer properly advised you of the express consent law and you refused the test, you will more than likely have your license suspended for a year (if this is a first offense). Depending on your driving record you may qualify for a restricted licenses after January 1, 2014. This is just the DMV action. There is also a criminal charge that you must defend as well.
Answered on Sep 09th, 2013 at 4:12 PM
They can add a refusal allegation, which requires jail time. But then again, you have a much more defensible case. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Sep 09th, 2013 at 4:12 PM