If you currently reside in Kansas City, and you are pulled over for a DWI, you may be asked by the police officer to submit to an alcohol chemical test. This can determine if your BAC is over the legal limit, and if it is, you can be arrested. There is some contention as to whether or not you can refuse to take this chemical test, or if it is mandatory, specifically in regard to Missouri law. This article will address this issue of whether or not you must submit to an alcohol test when you are pulled over under the suspicion of driving drunk.
What Does Missouri Law State?
In the state of Missouri, if you are pulled over because a police officer believes you were driving while intoxicated, also known as a DWI, they may request that you do and alcohol test. They may ask you to breathe into a breathalyzer in order to determine if you are under the influence, and if you are over the legal limit. According to Missouri state law, when arrested for driving while intoxicated, it is your right to refuse to take the actual test. However, by doing so, it is an automatic revocation of your license to drive for one year, something that is referred to as Chemical Revocation.
Can You Fight This In Court?
According to Missouri state law, there are two areas of the law that must be dealt with. This is both criminal law and administrative law. Criminal law focuses upon the ticket that you were given by the police officer. If you go to court and you are convicted of driving under the influence, a copy of this conviction will then be sent to the State Department in order to assess your overall driving record. After the assessment is done, you may find that your driving privilege will be revoked or suspended, depending upon what they choose to do. The other issue is her administrative law which can lead to a separate suspension of your license, or its revocation, if it is determined by the breathalyzer that your BAC was over the legal limit. If it is, this is an automatic revocation or suspension of your license, depending upon what the judge decides to do. In fact, even if you do hire a Kansas City DWI lawyer, and he or she is able to reduce the charge that is against you, the suspension or revocation of your license will still occur.
What Is The Best Choice To Make?
Based upon these parameters, it is clearly a better choice to simply submit to the breathalyzer test. You have nothing to worry about if you are under the legal limit because you have only had a single drink that night, or if you have had nothing to drink at all. If you know that you are intoxicated, it is in your best interest to simply take the breathalyzer test and get arrested at that point. By doing so, you will avoid wondering if you can avoid a revocation or suspension of your license because it is simply going to occur because you are driving drunk.
As you can see, it is always better to comply with the police officer that has pulled you over and is asking you to submit to the BAC test. If you are going to pass, then you should simply take it to avoid getting an automatic one-year suspension of your license, or the revocation of your license, depending upon what the judge orders, even if you have a qualified Kansas City DWI lawyer working by your side.