Refusing a DWI/DUI Test

Refusing a DWI Test in Missouri

In Missouri, the Department of Revenue regulations states that having a driver's license, means you have given advance permission, or "implied consent" to testing for the presence of alcohol should you be stopped by law enforcement on suspicion of DWI. Refusing to test is a separate offense from DWI. Even if you are later acquitted of the DWI charges, you will still undergo a license suspension of up to one year for refusing to take the test.

If you are convicted of DWI in or around Kansas City and refused the test at the time of your arrest, you may be required to pay a higher fine and may have your license suspended for a longer period. If you refused the test, driving privileges are revoked for one (1) year. However, if it is your first DWI, you can apply for a hardship license after 90 days. This goes on the person's driving record and stays for five years.

You have the right to appeal the administrative suspension of your drivers' license for refusing the breath test to the circuit court of the county that you were arrested in. A petition for review of a license revocation must be filed within 30 days of the date that the suspension was mailed by the court. If an appeal is taken, the matter is heard anew by a judge in a courtroom and the administrative hearing is treated as though it never happened. These appeals are usually handled by the Department of Revenue.

Refusing a DUI Test in Kansas

In Kansas, the Department of Motor Vehicle regulations state that having a driver's license, means you have given advance permission, or "implied consent" to testing for the presence of alcohol should you be stopped by law enforcement on suspicion of DUI. Refusing to test is a separate offense from DUI. Even if you are later acquitted of the DUI charges, you will still undergo a license suspension of up to one year for refusing to take the test.

If you are convicted of DUI and refused the test at the time of your arrest, you may be required to pay a higher fine and may have your license suspended for a longer period.