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Chemical Test Refusal

Missouri Administrative Alcohol Defense

"Refused to Blow"
Missouri's Implied Consent Law

15 Day Permit
Petition for Review | Stay Order
License Revocation
License Reinstatement


MODWI.com | Missouri DWI Defense Attorneys

Separate and apart from the criminal charges that may arise out of being arrested for Driving While Intoxicated (DWI) or Driving under the Influence (DUI), a person arrested in Missouri for DWI or DUI also may be subject to administrative sanctions by the Missouri Department of Revenue Driver License Bureau, which sanction may include driver license suspension and revocation.

After being arrested for DWI or DUI, a driver's refusal to submit to chemical test or breath alcohol test when requested to do so by a law enforcement officer may result in the revocation of the driver's license under MIssouri's Implied Consent Law. 

In short, "refusing to blow" may result in the revocation of your license for 1 year.  We can help, but time is of the essence.  CLICK HERE now for a free consultation with an experienced Missouri DWI defense lawyer.


Missouri Administrative Alcohol Arrest Information
NOW is the Time to Act!

15 days! That's how long you have from the day you were arrested for DWI or DUI in Missouri to request an administrative hearing or many of your rights will be lost and your license suspended or revoked if either you:

  1. Refused to submit to a breath, blood, or urine test of your alcohol concentration after you were arrested upon reasonable suspicion of driving while intoxicated (DWI) or driving under the influence of drugs (DUI); or
  2. Your blood alcohol concentration (BAC) was tested and the alcohol concentration in your blood, breath, or urine was .08% or higher by weight (.02% or higher if you were under 21 years old).  We can help!  CLICK HERE NOW to submit your DWI information.

Missouri law provides that the Department of Revenue Driver License Bureau shall suspend or revoke the driver license of any driver who is arrested upon probable cause to believe that the driver's blood alcohol concentration (BAC) is at least .08% for adults or .02% for minors or any other driver regardless of age who broke a traffic law (RSMo § 302.505).

Missouri DUI DWI drunk driving while intoxicated defense lawyer attorney traffic law

Chemical Test Refusal

Missouri's Implied Consent Law

Every driver in Missouri is deemed to have given consent to a blood alcohol test after being arrested upon the reasonable belief that they were driving while intoxicated or under the influence of drugs. This commonly is referred to as Missouri's "Implied Consent Law" (RSMo § 577.041).

Refusal to Submit to a Breath Alcohol Test (BAT)

1 Year License Revocation

If a driver refuses to submit to a Breath Alcohol Test (BAT) upon the request of a law enforcement officer after being arrested upon the reasonable belief that the driver was driving while intoxicated or driving under the influence of drugs, the driver's license is revoked for 1 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 (AIR) or a Refusal Affidavit.

15 Day Permit

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.

Petition for Review of Revocation - Stay Order

Any continued driving beyond the initial 15 day period must be pursuant to a court issued Stay Order. A formal request that a Judge enter a Stay Order may be made by an attorney for the driver when the attorney files a lawsuit on behalf of the driver against the Department of Revenue and Petitions the Court to review and overturn the revocation of the driver's license.  The Stay Order will hold the revocation in abeyance until the final disposition of the case.

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

The reinstatement requirements are:

  1. Pay a $45 reinstatement fee.
  2. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP). The Division of Alcohol and Drug Abuse will send this form directly to the Department of Revenue after the program has been completed.

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Refused to Blow?

Don't take a 1-Year License Revocation Lying Down!

Talk to One of Our Experienced DWI Defense Lawyers Today for FREE
The lawyers at MODWI.com can file a lawsuit on your behalf against the Department of Revenue in the County in which you were arrested.  In the lawsuit, we will Petition the Court to review and overturn the Department of Revenue's revocation of your license, request the Court enter a Stay Order holding in abeyance the revocation of your license until the final disposition of the case so that you may drive legally while the case is pending, and that the revocation be overturned and quashed, and that the Department of Revenue be Ordered to remove any reference to the revocation from your driving record.  CLICK HERE for a FREE consultation with a DWI defense attorney at MODWI.com to learn more.  Time is of the essence, so please act now.  Talk to one of our experienced DWI defense lawyers today for FREE.

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Chemical Test Refusal FAQ

CLICK HERE for the Chemical Test Refusal FAQ

Missouri Statutes Referenced on this Page
(Full Texts)

RSMo Section 302.505

Missouri Revised Statutes

Chapter 302
Drivers' and Commercial Drivers' Licenses
Section 302.505

August 28, 2004

Determination by department to suspend or revoke license, when made, basis--final, when.

302.505. 1. The department shall suspend or revoke the license of any person upon its determination that the person was arrested upon probable cause to believe such person was driving a motor vehicle while the alcohol concentration in the person's blood, breath, or urine was eight- hundredths of one percent or more by weight, based on the definition of alcohol concentration in section 302.500, or where such person was less than twenty-one years of age when stopped and was stopped upon probable cause to believe such person was driving while intoxicated in violation of section 577.010, RSMo, or driving with excessive blood alcohol content in violation of section 577.012, RSMo, or upon probable cause to believe such person violated a state, county or municipal traffic offense and such person was driving with a blood alcohol content of two-hundredths of one percent or more by weight.

2. The department shall make a determination of these facts on the basis of the report of a law enforcement officer required in section 302.510, and this determination shall be final unless a hearing is requested and held. If a hearing is held, the department shall review the matter and make a final determination on the basis of evidence received at the hearing.

3. The determination of these facts by the department is independent of the determination of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrence. The disposition of those criminal charges shall not affect any suspension or revocation under this section.

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RSMo Section 577.041

Missouri Revised Statutes

Chapter 577
Public Safety Offenses
Section 577.041

August 28, 2004

Refusal to submit to chemical test--notice, report of peace officer, contents--revocation of license, hearing--evidence, admissibility--reinstatement of licenses--substance abuse traffic offender program--assignment recommendations, judicial review--fees.


577.041. 1. If a person under arrest, or who has been stopped pursuant to subdivision (2) or (3) of subsection 1 of section 577.020, refuses upon the request of the officer to submit to any test allowed pursuant to section 577.020, then none shall be given and evidence of the refusal shall be admissible in a proceeding pursuant to section 565.024 or 565.060, RSMo, or section 577.010 or 577.012. The request of the officer shall include the reasons of the officer for requesting the person to submit to a test and also shall inform the person that evidence of refusal to take the test may be used against such person and that the person's license shall be immediately revoked upon refusal to take the test. If a person when requested to submit to any test allowed pursuant to section 577.020 requests to speak to an attorney, the person shall be granted twenty minutes in which to attempt to contact an attorney. If upon the completion of the twenty-minute period the person continues to refuse to submit to any test, it shall be deemed a refusal. In this event, the officer shall, on behalf of the director of revenue, serve the notice of license revocation personally upon the person and shall take possession of any license to operate a motor vehicle issued by this state which is held by that person. The officer shall issue a temporary permit, on behalf of the director of revenue, which is valid for fifteen days and shall also give the person a notice of such person's right to file a petition for review to contest the license revocation.

2. The officer shall make a sworn report to the director of revenue, which shall include the following:

(1) That the officer has:

(a) Reasonable grounds to believe that the arrested person was driving a motor vehicle while in an intoxicated or drugged condition; or

(b) Reasonable grounds to believe that the person stopped, being under the age of twenty-one years, was driving a motor vehicle with a blood alcohol content of two-hundredths of one percent or more by weight; or

(c) Reasonable grounds to believe that the person stopped, being under the age of twenty-one years, was committing a violation of the traffic laws of the state, or political subdivision of the state, and such officer has reasonable grounds to believe, after making such stop, that the person had a blood alcohol content of two-hundredths of one percent or greater;

(2) That the person refused to submit to a chemical test;

(3) Whether the officer secured the license to operate a motor vehicle of the person;

(4) Whether the officer issued a fifteen-day temporary permit;

(5) Copies of the notice of revocation, the fifteen-day temporary permit and the notice of the right to file a petition for review, which notices and permit may be combined in one document; and

(6) Any license to operate a motor vehicle which the officer has taken into possession.

3. Upon receipt of the officer's report, the director shall revoke the license of the person refusing to take the test for a period of one year; or if the person is a nonresident, such person's operating permit or privilege shall be revoked for one year; or if the person is a resident without a license or permit to operate a motor vehicle in this state, an order shall be issued denying the person the issuance of a license or permit for a period of one year.

4. If a person's license has been revoked because of the person's refusal to submit to a chemical test, such person may petition for a hearing before a circuit or associate circuit court in the county in which the arrest or stop occurred. The person may request such court to issue an order staying the revocation until such time as the petition for review can be heard. If the court, in its discretion, grants such stay, it shall enter the order upon a form prescribed by the director of revenue and shall send a copy of such order to the director. Such order shall serve as proof of the privilege to operate a motor vehicle in this state and the director shall maintain possession of the person's license to operate a motor vehicle until termination of any revocation pursuant to this section. Upon the person's request the clerk of the court shall notify the prosecuting attorney of the county and the prosecutor shall appear at the hearing on behalf of the director of revenue. At the hearing the court shall determine only:

(1) Whether or not the person was arrested or stopped;

(2) Whether or not the officer had:

(a) Reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated or drugged condition; or

(b) Reasonable grounds to believe that the person stopped, being under the age of twenty-one years, was driving a motor vehicle with a blood alcohol content of two-hundredths of one percent or more by weight; or

(c) Reasonable grounds to believe that the person stopped, being under the age of twenty-one years, was committing a violation of the traffic laws of the state, or political subdivision of the state, and such officer had reasonable grounds to believe, after making such stop, that the person had a blood alcohol content of two-hundredths of one percent or greater; and

(3) Whether or not the person refused to submit to the test.

5. If the court determines any issue not to be in the affirmative, the court shall order the director to reinstate the license or permit to drive.

6. Requests for review as provided in this section shall go to the head of the docket of the court wherein filed.

7. No person who has had a license to operate a motor vehicle suspended or revoked pursuant to the provisions of this section shall have that license reinstated until such person has participated in and successfully completed a substance abuse traffic offender program defined in section 577.001, or a program determined to be comparable by the department of mental health or the court. Assignment recommendations, based upon the needs assessment as described in subdivision (22) of section 302.010, RSMo, shall be delivered in writing to the person with written notice that the person is entitled to have such assignment recommendations reviewed by the court if the person objects to the recommendations. The person may file a motion in the associate division of the circuit court of the county in which such assignment was given, on a printed form provided by the state courts administrator, to have the court hear and determine such motion pursuant to the provisions of Chapter 517, RSMo. The motion shall name the person or entity making the needs assessment as the respondent and a copy of the motion shall be served upon the respondent in any manner allowed by law. Upon hearing the motion, the court may modify or waive any assignment recommendation that the court determines to be unwarranted based upon a review of the needs assessment, the person's driving record, the circumstances surrounding the offense, and the likelihood of the person committing a like offense in the future, except that the court may modify but may not waive the assignment to an education or rehabilitation program of a person determined to be a prior or persistent offender as defined in section 577.023, or of a person determined to have operated a motor vehicle with fifteen-hundredths of one percent or more by weight in such person's blood. Compliance with the court determination of the motion shall satisfy the provisions of this section for the purpose of reinstating such person's license to operate a motor vehicle. The respondent's personal appearance at any hearing conducted pursuant to this subsection shall not be necessary unless directed by the court.

8. The fees for the substance abuse traffic offender program, or a portion thereof to be determined by the division of alcohol and drug abuse of the department of mental health, shall be paid by the person enrolled in the program. Any person who is enrolled in the program shall pay, in addition to any fee charged for the program, a supplemental fee to be determined by the department of mental health for the purposes of funding the substance abuse traffic offender program defined in section 302.010, RSMo, and section 577.001. The administrator of the program shall remit to the division of alcohol and drug abuse of the department of mental health on or before the fifteenth day of each month the supplemental fee for all persons enrolled in the program, less two percent for administrative costs. Interest shall be charged on any unpaid balance of the supplemental fees due the division of alcohol and drug abuse pursuant to this section and shall accrue at a rate not to exceed the annual rates established pursuant to the provisions of section 32.065, RSMo, plus three percentage points. The supplemental fees and any interest received by the department of mental health pursuant to this section shall be deposited in the mental health earnings fund which is created in section 630.053, RSMo.

9. Any administrator who fails to remit to the division of alcohol and drug abuse of the department of mental health the supplemental fees and interest for all persons enrolled in the program pursuant to this section shall be subject to a penalty equal to the amount of interest accrued on the supplemental fees due the division pursuant to this section. If the supplemental fees, interest, and penalties are not remitted to the division of alcohol and drug abuse of the department of mental health within six months of the due date, the attorney general of the state of Missouri shall initiate appropriate action of the collection of said fees and interest accrued. The court shall assess attorney fees and court costs against any delinquent program.

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