Getting stopped for suspected drunk driving in Missouri is a serious matter. One key moment during a traffic stop is when an officer asks you to take a breath alcohol test.
Many drivers wonder if they can refuse the test and what happens if they do. Be aware that refusing the test does not mean you avoid consequences. In fact, it can trigger its own set of problems if you don’t know what to do next.
Missouri’s implied consent law
Missouri law follows the principle of “implied consent,” which means if you drive on Missouri roads, you automatically agree to take a chemical test if an officer lawfully arrests you for driving while intoxicated (DWI). You can still say no, but refusing the test comes with automatic penalties, even if you never get convicted of DWI.
The first consequence is a one-year driver’s license revocation, called a “chemical revocation.” It goes into effect simply because you refused the test, not because of a conviction in court. If it’s not your first refusal, the penalties become harsher. The state adds a note to your driving record, which insurance companies and employers may see.
What to expect after refusing the test
After you refuse, the officer usually takes your license on the spot and gives you a temporary permit. You will receive a notice of revocation and have 15 days to request a hearing to challenge the suspension. If you don’t request a hearing, the one-year revocation starts automatically when the 15 days are up.
You may also face a separate criminal DWI charge, even without the test results. Officers can still rely on other evidence, such as your driving behavior, physical appearance, or performance on field sobriety tests.
Refusing a breath test might seem like a way to protect yourself, but the state responds strongly to refusals. Knowing how the system works can help you make informed choices and avoid long-term damage to your driving record if you ever face this situation.