Implied Consent Warnings Administering a Breathalyzer Test

Yes.  Officers must read you the implied consent warnings BEFORE asking you to submit to a breathalyzer test.  If the officer fails to read the implied consent warnings first and you refuse the breathalyzer, then your refusal is invalid.

Missouri’s implied consent law requires a driver to submit to an alcohol and/or drug test when requested by a law enforcement officer. If the driver refuses to submit to the test, the license is revoked for one year.

Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form. The arresting officer will take possession of any valid Missouri driver license the driver has in his or her possession and issue a 15-day permit, if applicable. Any continued driving beyond the initial 15-day period must be pursuant to a court issued stay order. The stay order will temporarily suspend the revocation until the case is settled.

If the court upholds the arrest, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the revocation is canceled and the license is returned, if applicable.

If you refused a breathalyzer before the implied consent warnings were given and your license has been taken away, call an attorney immediately.