If you are pulled over in Missouri suspected of driving under the influence of alcohol you are given an option to take, or refuse a breath test. If you refuse to take the test your license will be immediately revoked for one year. You will be given a paper which is a driving permit good for 15 days. It is absolutely necessary for you to immediately contact an attorney. There are possible ways to keep your license.
I need to be clear about something before we go any further. The roadside breath test is not what I am talking about. That test, where you blow into a small, hand-held device is not “The Breath Test.” That is simply a way for the officer to determine whether you have any alcohol in your system. It is not the determining test. The breath test I am referring to is the one at the police station.
If you do take the test and blow .08 or above blood /alcohol content you are also given a paper that will serve as a driving permit for 10 days. The officer is supposed to take your valid license. He or she then sends it and a report to the Department of Revenue.
Again it is absolutely necessary that you immediately contact an attorney because you have only 15 days to make a decision about your driver license.
You have three choices.
The first choice is to do nothing. If you do nothing your license will be suspended for 30 days. That means absolutely no driving for that 30 day period.
If you do nothing your license will be suspended for 30 days, followed by a 60-day restricted driving privilege, if you have no alcohol-related offenses within the past 5 years. You may be eligible for an immediate 90 day interlock restricted driving privilege if you install an approved ignition interlock device. The interlock restricted privileges is for the limited purpose of driving in connection with employment, education, medical treatment, alcohol or drug treatment, ignition interlock provider, Court obligations, religious services, child care, court ordered visitation and custodial obligations and fueling and grocery requirements.
To receive a 90-day interlock restricted driving privilege you must:
- Complete and submit the “request for immediate 90-day restricted driving privilege” form within 15 days of your notice. You must mail your request to driver license bureau, PO Box 3700, Jefferson City, Missouri 65105-3700 or fax to 573-526-3452.
- File proof of installation of an approved ignition interlock device for any vehicle you operate.
- File proof of insurance, commonly filed as an SR-22, but that only applies if you were 21 years of age or older.
Under this option, in order to reinstate your license after you complete your suspension., you must maintain installation of your ignition interlock device during the restricted driving privilege without any violation. a violation is defined as any incident of device tampering, circumvention, or breath alcohol level of 0.025% or above. You should not remove the device until the installer has certified to the Department of Revenue that you are violation free. You must request the certification from your ignition interlock installer. Failure to obtain certification will result in a 30-day extension of your restricted driving privilege with the ignition interlock requirement or an additional 30-day suspension without any driving privileges.
If you have a prior alcohol related offense within the past 5 years, you are not eligible for a restricted driving privilege.
You can take a suspension followed by a 60-day restricted driving privilege. You must serve a 30-day suspension., file proof of insurance, commonly filed as an SR-22 only if you are over 21 years of age and filed proof of an installation of an approved ignition interlock device for any vehicle you operate, if you have a prior alcohol offense.
You also have the option of requesting a hearing. If you request a hearing your suspension or revocation will be stayed and you will be notified of the date and time of your hearing.
My best advice here is whether you take the breath test or not, contact an attorney immediately.
I am available at 314-708-1000. That is my cell phone and goes directly to me, no receptionist, nobody else.