Can You Refuse Sobriety Tests in Kansas City? The answer is simple: Yes, you can refuse a field sobriety test in Kansas City. When you’re pulled over and an officer is staring you down, it can feel like you have no choice but to take the test. But you do have a choice. Refusing a sobriety test can help you save your license and get back on the road.
Refusing may help set you up for success, but on its own, it won’t be enough. If you’re facing driving while intoxicated charges or refusal to submit to testing charges, you need a top DWI/DUI defense lawyer to protect you.
Combs Waterkotte can defend your ability to drive. We have defended over 10,000 cases, many of them just like yours. You’re a good person; let us help you out of a bad situation. Call now at (314) 900-HELP or reach out online for a free consultation.
How Do You Refuse a Field Sobriety Test in Kansas City?
It’s actually pretty simple to refuse a field sobriety test (such as walking in a straight line, standing on one leg, or following an officer’s finger with your eyes) – just politely refuse the test. When an officer approaches the vehicle, remain calm and be polite. Have your papers ready and answer questions about your ID honestly, but if you’re asked to perform a test, you can simply say, “I am declining to participate in this test.”
If you refuse the field sobriety tests, the police may ask you to take part in a roadside breathalyzer test – but you can refuse that as well. If an officer is insistent, ask if you are under arrest or if you are free to go. If you are arrested, do not resist, but continue to refuse testing until the police have a warrant that legally compels you to participate.
Missouri traffic law includes “implied consent,” which essentially means that by driving on Missouri roads, you agree to submit to chemical testing after an arrest. This typically includes more tests of your breath, but can also include blood, saliva, or urine analysis. However, even with implied consent laws, you have the right to refuse. And we recommend that you do refuse, up until you are at the police station and they have a warrant for the tests.
Consequences of Refusing a Sobriety Test in Kansas City:
You always have the right to refuse a field sobriety test, and also any breathalyzer or chemical tests that follow. Submitting to these tests can help build a case against you, as it gives the state evidence regarding your sobriety.
Our lawyers almost always recommend refusing these tests, since it’s harder for the state to build a case against you if they don’t have any evidence from them. And on our end, after you’ve hired a DWI/DUI lawyer, it’s easier to build a defense to protect your license.
Even though at Combs Waterkotte we don’t recommend taking a field sobriety test, there are a few things to be aware of:
- If you refuse a chemical test, your license faces an automatic one-year suspension.
- However, you can submit a request to contest the suspension within 15 days, and a sobriety test refusal lawyer can help you save your license.
- Prosecutors may try to use this against you in court.
Benefits of Refusing Sobriety Tests in Kansas City:
There are two key benefits of refusing a field sobriety test: Less evidence against you and weaker evidence against you. At Combs Waterkotte, we believe that these factors set your case up for a strong defense.
While a police officer’s field sobriety test is subjective, courts tend to trust the officer’s observations and evaluations. This can build a barrier for your defense, but by refusing, you prevent the prosecution from getting that evidence in the first place. And if you didn’t submit to the breathalyzer or chemical tests, all the state has is what the officer saw while you were driving. This weakens their case significantly and makes it easier to introduce reasonable doubt that you were driving while intoxicated.
Even if the police do get a warrant and draw blood, take your breath, or collect urine later on, this evidence will be weaker than anything they collect at the time of the traffic stop. Your blood alcohol levels may have risen in the time that passed, or other errors may have been made in the evidence collection and testing.
Fighting a DWI/DUI charge is much easier if you don’t submit to these tests, and give the prosecution evidence against you. You are presumed innocent until proven guilty, and declining these tests makes it hard to prove you were driving drunk.
Facing a DUI/DWI Charge, or a Chemical Revocation? Combs Waterkotte Can Help
Losing your ability to drive is hard. You’ll struggle to get to work, school, medical appointments, and basically everywhere you need to go in life. Driving is just a necessary part of life in the modern day, and losing it can have far-reaching consequences.
Don’t let one bad choice define you for years to come, or even the rest of your life. At Combs Waterkotte, we are Missouri’s leading DWI/DUI defense lawyers and are prepared to take your case, whether or not you refused a test.
Call us at (314) 900-HELP or set up an appointment online to start the path to getting your license back today.
