After she refused to take the test the officer obtained a search warrant to draw her blood. She was issued a notice of revocation pursuant to Section 577.041. She was advised of the Missouri Implied Consent and she refused to take the breath test. She performed poorly on the field sobriety tests and was arrested for Franklin County DWI. The arresting officer noticed a strong odor of alcohol on her breath. Specifically, the Respondent, Carolyn Covert, was pulled over in Franklin County Missouri for speeding as she passed a semi-truck. Director of Revenue, issued on June 21, 2011.
08 if the police officer obtains a search warrant after the driver refuses to take the breath test.
The Missouri Court of Appeals in the Eastern District ruled that a person under arrest in Missouri for DWI can have their license revoked for refusing to submit to a breath test and also suspended for operating a motor vehicle with blood alcohol content in excess of. Typically and DUI offender faces either the 90 day suspension or the 1 year revocation but not both.
If you refuse to blow then you face a revocation of your driver’s license for 1 year (which can be challenged, oftentimes successfully). If you blow over the legal limit you are likely to face a suspension of your driver’s license for 90 days. Many times this decision is made based on the consequences. When a DWI offender is pulled over in Missouri they are faced with a choice: to blow or not to blow. Louis criminal defense lawyer, my advice is generally not to take a breath test, or “refuse to blow”.