O'Fallon DWI Attorneys

DWI Chemical Tests | Breath, Blood and Urine Tests

Missouri DWI attorneys know that most drunk driving charges hinge on field sobriety tests and chemical test results for conviction. Many people wrongly believe that chemical tests cannot be performed in the field and must be administered at a police facility. Chemical tests can be conducted in the field and do hold up in court.

There are two types of chemical tests used to determine the blood alcohol concentration (BAC) of a person:

• Breathalyzer, commonly known as a breath test.
• Bodily fluids tests, usually blood but can include urine tests.

Refusal of Chemical Test | Implied Consent Laws

All states have “implied consent” laws which essentially state that by assuming the privilege of driving a vehicle on state roads and highways, drivers have given their consent to DWI testing when a police officer has reasonable suspicion that the driver is under the influence of alcohol or drugs. Implied consent laws require vehicle drivers to submit to some form of a chemical test once requested by a police officer.

Chemical tests under implied consent include:

• breath tests
• Blood tests
• Urine tests

Implied consent laws carry specific penalties, such as mandatory suspension of a driver’s license, for refusal to submit to chemical testing. In many cases, driver’s license sanctions for refusal to submit to chemical tests may be used in addition to criminal penalties imposed by implied consent laws if the driver is convicted of drunk driving (DWI).

If you refuse to submit to the breathalyzer test your license is subject to a mandatory one (1) year revocation. However, in a situation where your license is confiscated for refusing to submit to the breathalyzer test you have a right to a hearing to determine whether or not you did, in fact, after having been fully advised of your rights regarding the consequences of our refusing the test. This process is initiated by filing a Petition for Review in the Associate Circuit Court of the county in which you were arrested. This is a petition that is prepared by your attorney and must be filed within 15 days of the date of arrest.

Contact Suddarth & Koor, LLC to schedule a consultation and learn how the law applies to your specific situation.

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Suddarth & Koor, LLC
St. Charles County Lawyers