It's the most common single question defense attorneys face: "Should I blow?" I'm a St. Charles DWI lawyer, and a week doesn't pass without such an inquiry from a potential client.
There are definitely consequences to failing a breathalyzer test. There are also consequences to refusing to take the test at all. When you refuse a breath test, the legal implications on your license are harsh. Most drivers have heard the threats for a refusal. It means a year of no driving. Sometimes that's true. In a great many cases, that is simply not true no matter what you have heard.
St. Charles is uniquely situated in Missouri regarding DWI. It's a suburban county with a big population - more than 300,000 residents. Its low-density built environment makes mass transit and effective cab service nearly a nil option. Real transportation choices are limited almost exclusively to one's own vehicle. Thus, a St. Charles DWI lawyer typically has a host of clients at any given time who are facing DWI charges.
First, a legal tool attorneys can use for their client is a PFR, or Petition for Review. This is a civil lawsuit the driver, the Petitioner, files against the Director of Revenue, the Respondent (the state's top official in charge of drivers' licenses). The PFR stays, or stops, the suspension or revocation of your license until the criminal/traffic matter is adjudicated in the criminal courts.
Notice: there are strict time deadlines regarding the filing of petitions for review. PFRs must be filed at the circuit court in the county where the traffic stop occurred within 30 days from the traffic stop. After that, you're out of time and the delay likely has foreclosed the benefits of such a suit.
Once the client and defense attorney have disposed of the criminal/traffic case, the civil case (the PFR) against the state (and stay order the PFR produces) must be disposed. For a St. Charles DWI lawyer dealing with this very situation in that jurisdiction, the Petitioner (defendant) many times can secure the return of his or her license without any interruption in validity and without any record of a chemical contact on the driving record. Other jurisdictions are typically similar but may vary.
DWI defendants don't get their license back for doing nothing though. Typically, DOR requires the DWI defendant plead guilty to the DWI. The state agency may also require completing some community service hours. And, in many instances, DOR requires wearing of a SCRAM bracelet or installing ignition interlock for a number of days. A SCRAM bracelet detects any intake of any intoxicants through a sensor that makes contact with your skin. An ignition interlock device is a breathalyzer synced up with your vehicle and requires drivers blow a clean sample before the vehicle will start. Some jurisdictions will allow the DWI defendant to serve 2-days jail instead of SCRAM or ignition interlock. The foregoing outcome is typically reserved only for first-time offenders where there is no accident, no injuries and no property damage at issue.
In fact, this St. Charles DWI lawyer has observed defendants who refuse to blow have more positive outcomes than those who did blow. If you blow and fail, there are mandatory no-driving periods that motorists will face. However, there are some legal tools attorneys have to take on breath tests.
If you have further interest in the subject that is not addressed here, please read more about this topic at our other Show Me the Law blogs for further description and elucidation. Or contact an attorney for advice specific to your special situation and legal matter.
Bryan C. Edwards is a St. Charles DWI Lawyer and practices criminal defense law across the St. Louis metro area, including St. Charles County, St. Louis City and St. Louis County with a consortium of attorneys around the state of Missouri at www.showmelawyergroup.com.
