DWI- Refusal To Submit to a Breath Test in St. Louis County

One of the first questions I ask as client facing a DWI in St. Louis County is whether they refused a breath test. If you want a strong defense in court, don’t give the police any evidence to use against you. Alcohol in your mouth, around your teeth, and in your stomach can cause a breathalyzer to read higher than it should. If you have had anything to drink before driving, a breath test is likely a bad idea- and you should refuse. “I decline” may be a nicer way to say it. You have a right to refuse a chemical test of your breath or blood.

Police officers will often try to scare you into taking a breath test. The truth is, if a police officer is asking you to take a breath test, there is a good chance that you will be arrested for DWI no matter what you choose to do. Don’t provide potentially damaging evidence to the officer. Refuse the test. If the police officer threatens to draw your blood, let them do what they need to do. Often blood draws take more time than a police officer is willing to spend on your case. Stand your ground politely when you tell the officer you are refusing a test.

In St. Louis County, St. Charles County, and Jefferson County the prosecuting attorney’s office will often make a deal with your lawyer allowing you to get your license back without interruption even if you refuse a breath test. Some counties, like Franklin County and the City of St. Louis have declared themselves “no refusal” counties. What does that mean? In these counties the police have a policy of requesting a warrant for a blood draw if your refuse to provide a breath test.

Let’s say you have a BAC of .10 when you are stopped. You refuse to blow. It takes 2 hours to get to the hospital and draw your blood. Your BAC is on the way down. By the time your blood is drawn the test may show that you are under the legal limit of .08. You win. Your case becomes much easier to fight.

My general advice is this: If a police officer asks for a breath test, saying no should be your default position. You can ask to speak to a lawyer before you decide, and the police officer must then give you 20 minutes to contact a lawyer. Call to speak with one of our St. Louis DWI lawyers at 314-561-9690. We can then provide you with specific advice based on your circumstances. I recently completed a second offense DWI case for a client who called me from the road as he was being pulled over. He followed my advice. His charge was ultimately reduced to littering and he paid a fine. Be smart. Know your rights.

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