577.041. Refusal to submit to chemical test — admissibility — request to include reasons and effect of refusal
Refusing a DWI breath or blood test can be used against you
If someone is pulled over or arrested for suspected drunk driving and refuses a chemical test, that refusal can be used as evidence in court—and their license can be taken away immediately.
1. If a person is arrested, detained, or stopped under Missouri’s DWI laws and refuses to take a chemical test (like a breath, blood, or urine test) when asked by an officer, that refusal can be used as evidence in court or in related legal proceedings.
2. The officer’s request for the test must:
- Include the reason why the officer is asking for the test,
- Inform the person that their refusal can be used as evidence against them, and
- If the person was driving, also inform them that refusing the test means their license will be immediately revoked.
3. If the person asks to speak with a lawyer before taking the test, they get 20 minutes to try to contact one. If they still refuse after that time, it officially counts as a refusal.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.
