What Happens if You Blow Over the Limit in Missouri?
In Missouri, if you blow at or above .08% BAC (Blood Alcohol Concentration) you are over the limit, and your license may be suspended. The length of the suspension and requirements to reinstate will depend on whether or not this is your first alcohol related suspension or revocation.
Just because you blow over does NOT mean you license is automatically going to become suspended! You (or your lawyer) will have 15 days from the date of the breath test to submit a specific type of case that will challenge the legality of the suspension. This is a very important thing to do for two main reasons:
First - without this proceeding, your license will automatically become suspended 15 days after you blew; by requesting the hearing you have an opportunity to stop the suspension from ever taking place; and
Second - a skilled DWI defense attorney will be able to use this hearing as an opportunity to get information about the case that can help you fight not only for your license, but for your criminal record too. In an area of the law where odd's are heavily in the prosecution's favor, this is a great opportunity to get ahead of the other side in finding weaknesses and holes in the criminal case you are most likely facing as a result of this arrest.
What Happens if You Refuse to Blow in Missouri?
A refusal to blow in Missouri will result in a 1-year revocation of your license. However, similar to the Blow Over scenario described above, there is a case that can be filed to prevent the revocation from taking place.
A Refusal does NOT mean you license is automatically going to become revoked!
There is a 30-day time limit from the date of the alleged refusal in which this specific court case must be filed by you or your lawyer.
The refusal case gives unique opportunities for your lawyer to fight for your license. Depending on the circumstances of your arrest, it is very possible to save your license from ever becoming suspended or revoked so long as things are handled properly with this case.
To find out if your case is one where your license would likely be saved, contact our office to schedule a free consultation.