To Blow or Not to Blow

"To Blow or Not to Blow" . . .

that is the question I hear many times of my clients who are afraid of being stopped for a dui/dwi. Of course, there is no easy answer, but I can give you some general "rules of thumb" about being stopped in Missouri:

If it's your first time you have ever been stopped or charged with an alcohol-related offense, and it is in Jackson, Clay, or Cass County, AND there was no accident involved, you may not want to go ahead and blow. Currently, in these counties and under these limited circumstances, there are programs through the local prosecutor’s offices who handle the challenge hearings (RSMo. 577.041) which permit you to win the challenge upon the completion of certain conditions. Such a challenge MUST be filed within 30 days of the stop.

If you blow over .08, and lose the administrative hearing, you will lose your license for 90 days, the first 30 of which you can not driver, followed by a limited driving privilege if you file and SR-22 for the last 60 days. If you do not fit into the narrow set of facts above and you refuse to take the breathalyzer, and you lose the Refusal hearing, you lose your license for a year, although you might be able to get a limited driving privilege after the first 90 days.

If this isn't your first time being stopped for a similar offense, this is where it gets dicey. Some people think they are being smart by refusing to take the breathalyzer - but then went ahead and took the "field sobriety tests" which usually gives the prosecution sufficient evidence to make their case against the defendant. Two refusals in a life time equals one of the many reasons you may not ever get a limited driving privilege or a hardship license.

Whether or not to take the breathalyzer is complicated and also depends on what county you are in when you are stopped, and whether you hold a license for the State you were stopped in. There are some times when it is best NOT to take the breathalyzer, like when it is the second time you have been stopped for drinking and driving in a 5 year period. If you suffer an alcohol administrative action, either 90 day suspension for blowing over .08 or a refusal and you blow over .08 a second time in 5 years you lose your privilege to driver for 1 year and no possibility for any limited or hardship license.

If you do refuse to blow, just make sure you also refuse the field sobriety tests!

Please keep in mind; however, that your individual circumstances may differ, and you need to speak to a good dui/dwi lawyer about the specifics of your situation so that the lawyer can give you accurate advice. It's best to talk to a lawyer BEFORE you are stopped, so you know what to do when and if you get stopped. Don't drink and drive, but if you do - plan ahead.


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