Think You Can Beat a DWI by Refusing the Breathalyzer in Missouri? Not Anymore…
It used to be true that the best chance of beating a DWI in Missouri was to refuse the breathalyzer test. You would lose your license for a year, but at least you would still have a shot at beating the criminal case.
Generally, this is still true, but not in Christian County and other counties enacting “no refusal” laws. The “no refusal” laws require officers to automatically seek a warrant when a driver refuses the breathalyzer. Anytime someone, after being read implied consent warnings, refuses to give a sample of breath or blood, the arresting officer will contact the on-call prosecutor to start the process of obtaining a search warrant to seize the driver’s blood.
Thus, if you’re over the limit, then the chances of winning your case are slim because of the accuracy of blood tests. Even so, remember that these cases are sometimes winnable. It takes a skilled attorney that knows the ins and outs of testing to beat these tests.