Defending a refusal to blow in a DWI
First things first: Timing is critical: Contact a DWI attorney immediately.
If you are arrested and charged with a refusal to submit to a breath test under Missouri law, your drivers license is subject to a minimum of a one-year revocation. There is a procedure for challenging this, however, the process requires a civil lawsuit to be filed within 30 days of the alleged refusal to blow.
When it comes to something as important as your ability to drive, it is crucial to have a lawyer fighting for you that is experienced and knowledgeable in the incredibly complex area of DWI refusal. Only an experienced DWI lawyer will know how to handle all of the complex issues that will come up in a suit to protect a Missouri license after an alleged refusal to blow.
A “Petition for Review” must be filed within 30 days of the ‘alleged’ refusal.
Missouri courts are extremely strict when it comes to deadlines in a refusal case. The driver (or their dwi attorney) must petition the court to challenge the revocation. This case is called a “Petition for Review”, or a PFR for short. It is a civil case as opposed to the criminal DWI charges that the driver is likely facing already.
Your license can stay valid while the case is pending.
Often times it is possible to convince the Judge in the PFR to stop the revocation of your license until the case is resolved. This is commonly called a “Stay Order” and will make it possible for you to drive legally while your lawyer works to fight for your license during the months ahead.
Your lawyer can help save your license from ever becoming revoked.
Depending on what jurisdiction your alleged refusal occurred in, and your record, it is often times possible to arrange a “deal” with the Department of Revenue that will keep your license from being revoked.
In situations where it is not possible to work out a deal, a trial will be necessary to challenge the revocation of your license. This is where it really is critical to have an experienced attorney. A thorough review of your case by a qualified DWI lawyer will oftentimes turn up issues with the investigation that could question the validity of the refusal. A great DWI lawyer will also be able to effectively challenge the cop to point out inconsistencies and mistakes the officer made. By pointing out the weaknesses in the case against you and the strengths in your case your license may be able to be saved.