DWI Breath and Blood Tests in Missouri
If you have been arrested for DWI, one of the first questions that your attorney will probably ask you is whether you submitted to a blood or breath test.
What to do if you’ve been pulled over for a DWI or DUI in St. Charles, MO:
In almost every DWI case, the arresting officer attempts to obtain test results that measure the driver’s blood alcohol concentration (BAC). If the person suspected of DWI refuses to provide a sample, the police officer has the legal authority to pursue a warrant for a blood test.
Many DWI cases that our firm encounters involve blood or breath test results.
In cases where a blood or breath sample was obtained, our St. Louis DWI lawyers use their knowledge and their years of experience to challenge the results of these tests. We know what to look for in challenging the validity of these tests including:
- if the tests were performed properly
- if the person doing the tests had the proper permits
- if the machine was properly calibrated
- if the proper procedures were followed
Our experienced attorneys know what to look for and have a track record of successfully challenging BAC results.
Should I Blow?
One of the most common questions that we are asked is whether a person should agree to take a breathalyzer or refuse the test even though they have been told that they will lose their driver’s license for a year. There really is no easy answer to the question, unfortunately. There are simply too many factors involved that make it possible to offer a standard yes or no answer. If you are reading this and you already had to make a decision about whether or not to consent to a test of your BAC, there is no going back in time. However, knowing your rights and having lawyers who will fight for them is the next best thing.
Your Right to Refuse Chemical Breath & Blood Tests
As a Missouri driver, you have the right to refuse a chemical BAC test. However, under our State’s Implied Consent Law, you may be punished for refusing a blood or breath test by having your license revoked. In fact, it is a requirement that you be told of the consequences of refusing to submit to the BAC test. By refusing the test, the officer will typically seize your driver’s license and issue you a temporary permit. At this point, you have as few as 15 days to protect your rights and appeal the suspension. If you do not request a hearing in this time, your license could be automatically suspended for an entire year.
It is possible to successfully challenge this evidence in your case and we can help. The Lampin Law Firm will aggressively attack the validity of these tests and preserve your rights. Let our reputation for success work in your favor.
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