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DWI Refusal

Kansas City Criminal Defense

DWI Refusal Defense Attorney

Refusing a breath or blood test in Missouri triggers an automatic one-year license revocation — longer than the 90-day suspension for failing the test. But refusal also means the State has no BAC number to use against you in the criminal case. Whether you refused or were told you refused, there are defenses available.

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Missouri's Implied Consent Law

Under RSMo §577.020, anyone who operates a motor vehicle in Missouri is deemed to have given implied consent to a chemical test of their breath, blood, saliva, or urine if arrested for DWI. This doesn't mean you're forced to take the test — you can refuse. But refusal triggers its own set of consequences that are separate from the criminal DWI charge.

Consequences of Refusing a Breath or Blood Test

Administrative Consequences

  • One-year license revocation: Compared to the 90-day suspension for failing a breath test, refusal results in a full one-year revocation. This is the most significant consequence of refusal.
  • No restricted driving privilege for 90 days: During the first 90 days of the revocation, you cannot drive at all — no restricted license, no hardship permit.
  • Ignition interlock device: After the 90-day hard revocation, you may be eligible for a restricted license with an IID for the remaining 9 months.
  • 15-day deadline: You have 15 days from the date of refusal to request an administrative hearing to challenge the revocation. Miss the deadline and the revocation takes effect automatically.

The Refusal Tradeoff

Refusing the test means the State doesn't have a BAC number to use against you in the criminal case. Without a .08% or higher result, prosecutors must prove intoxication through other evidence — officer observations, field sobriety test performance, driving behavior, and witness testimony. This can make the criminal case harder to prove. However, the tradeoff is the longer license revocation and the fact that the refusal itself can be used as evidence of consciousness of guilt at trial.

Whether refusal helped or hurt your case depends on the specific facts. What matters now is how the refusal is defended — both in the administrative proceeding and in the criminal case.

Common Defenses in Refusal Cases

Defense Strategies

  • You didn't actually refuse: Sometimes officers interpret confusion, hesitation, or a request to speak with an attorney as a refusal. If you didn't clearly and unequivocally refuse, the refusal determination can be challenged.
  • Implied consent warning was not properly given: Officers are required to inform you of the consequences of refusal before requesting the test. If the warning was not given, was given incorrectly, or was given in a confusing manner, the refusal may be invalid.
  • No probable cause for the arrest: The implied consent obligation only applies if you were lawfully arrested. If the arrest lacked probable cause, the refusal is invalid because the test request itself was unlawful.
  • Challenging the traffic stop: If the initial stop was unlawful, everything that follows — including the arrest and the test request — can be challenged.
  • Medical or physical inability: If you were unable to provide a breath sample due to a medical condition, injury, or physical limitation, the inability to blow is not a refusal.

Frequently Asked Questions About DWI Refusal

Is it better to refuse or take the breath test?
There's no universal answer. Refusing means no BAC number for the prosecution — but triggers a one-year revocation instead of 90 days. Taking the test and failing gives prosecutors a number but results in a shorter suspension. The best answer depends on your situation, your prior history, and the specific circumstances of the stop.
Can my refusal be used against me in court?
Yes. The prosecution can present your refusal to the jury as evidence of consciousness of guilt — the argument being that you refused because you knew you were intoxicated. However, this inference can be challenged, and there are many legitimate reasons for refusing a test that have nothing to do with guilt.
What if the officer didn't read me the implied consent warning?
Officers are required to inform you of the consequences of refusal before requesting the test. If the warning was not given, was incomplete, or was delivered in a confusing way, the refusal determination may be invalid — and the one-year revocation can be challenged at the administrative hearing.
Can I still drive after a refusal?
Not for the first 90 days — there is a hard revocation with no driving privileges at all. After 90 days, you may be eligible for a restricted license with an ignition interlock device for the remaining 9 months. You must request the administrative hearing within 15 days to challenge the revocation.
What if I wasn't actually refusing — I was just confused?
Officers sometimes interpret hesitation, asking questions, or requesting to speak with an attorney as a refusal. If you didn't clearly and unequivocally refuse the test, the refusal determination can be challenged. We review bodycam footage and the officer's report to determine whether your response actually constituted a refusal under the law.
How quickly should I hire an attorney?
Within days. The 15-day deadline to request the administrative hearing starts the day of your arrest. If you miss it, the one-year revocation takes effect automatically with no opportunity to challenge it. Call The Hartley Law Firm at 816-451-0909.

Refused the Breath Test?

The 15-day clock is ticking on your license. Call The Hartley Law Firm now for a free consultation.

Book Your Free Consultation Or call now — 816-451-0909