Everything About Missouri Breathalyzer Laws

What You Need to Know About Missouri Breathalyzer Laws

Between 2013 and 2020, Missouri recorded an average of 22 thousand annual arrests for driving while intoxicated (DWI), according to the Department of Mental Health’s latest Missouri Trend Data report. Before any arrest, a law enforcement officer will conduct a breathalyzer test, also called a breath alcohol test, to measure the driver’s breath alcohol concentration under the implied consent law.

Every driver on public highways in Missouri must submit to a breath test when being pulled over for suspicion of drunk driving. Now, you can refuse the testing according to section RSMo 577.041, but you’ll risk some consequences, including the immediate suspension of your driver’s license.

However, alcohol tests must be conducted following the rules laid out in Missouri implied consent and DWI law. Therefore, you have rights and defenses that you can invoke to fight a DWI charge.

Consider Benjamin Law Firm, LLC when you need a lawyer to assist you in navigating the law on DWI.

What Are Breathalyzer Tests?

Breathalyzer tests are used to determine the amount of alcohol in the exhaled air. The measured breath alcohol content (BrAC) is then used to estimate blood alcohol content (BAC).

There are two types of breath tests:

• A preliminary breath test (PBT) used at the arrest

• An evidential breath test, such as a urine test or a blood test, used after the arrest to obtain admissible evidence of the driver’s BAC

1. A Preliminary Breath Test (PBT): The arresting officer uses a portable breathalyzer device to measure the driver’s BAC after the traffic stop. Its results can be used as evidence of probable cause, but they are not admissible as evidence of blood alcohol content.

2. Evidential Breath Test (EBT): This test is used to obtain evidence for court proceedings. It must be carried out following the Missouri Department of Health rules in order to be valid.

Breath test results reflecting a BAC of .08% or more for adults or .02% for minors will result in a driver’s license suspension. The period depends on your prior DWI convictions. The arresting officer will hand you a Notice of Suspension/Revocation of Driving Privilege (Form 2385) and, if your license is taken, a temporary 15-day driving permit. If you refuse the test, there’s going to be an automatic one-year license revocation.

Besides administrative penalties, you may be charged with DWI if your BAC exceeds the legal Blood alcohol limit in Missouri.

You Have Rights Under Missouri’s Implied Consent Law

If you’re driving on public highways in Missouri, then legally, you have to have “consented” to a breath or blood test at a traffic stop or DWI checkpoint. However, you have rights that must be upheld for a test to be valid.

• Right to refuse: Individuals have the right to refuse to take a chemical test. An officer cannot force or manipulate you into taking a test. Note that if a driver refuses to take a chemical test, they can lose their driving privileges.

• Consult an attorney before testing: Drivers must be allowed twenty minutes to try and contact an attorney upon request. A refusal is only official after the twenty minutes elapse.

• Number of tests: Chemical tests conducted under the implied consent law are limited to two for a single incident, arrest, stop, detention, or charge.

• Testing method: The chemical test must follow the methods approved by the Missouri Department of Health and Senior Services and be performed by licensed personnel.

• Right to information: The individual tested can request the following information:

  • Test type and followed procedures

  • The time of the collection of the breath, blood, or urine test sample

  • The numerical results

  • The type and status of the permit held by the person performing the test

  • The date of the last maintenance of the breath-testing device

• Right to an independent test: Individuals may request an independent test at their own expense after the law enforcement’s chemical test.

• Explanation of evidence and consequences: Arresting officers must inform drivers of the reasons for requesting a chemical test and the consequences of refusal. This includes using the evidence of refusal against them in court and the revocation of their driver’s license.

• Review and hearing: Individuals can request an administrative hearing to contest the driver’s license revocation resulting from refusal of a chemical test.

Violations of these and constitutional rights can constitute solid defenses to DWI charges. Consult our attorneys as soon as possible for a case evaluation.