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I've heard that you can refuse field sobriety tests in some states. What about in Missouri?
Question:
I've heard that you can refuse field sobriety tests in some states. What about in Missouri?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
In Missouri, DUI laws allow a law enforcement officer who has pulled you over and suspects that you are driving under the influence of alcohol or drugs to request that you take a field sobriety test. However, it is not mandatory that you take any field sobriety tests in Missouri. It is important to understand what a field sobriety test is, and what it is not.
A field sobriety test is an evaluation tool that the law enforcement officer uses to help them decide if they think you are impaired and therefore they should ask you to submit to a breathalyzer or other chemical alcohol test. This distinction is important, because Missouri has an implied consent law under which you can have your license suspended for a year if you refuse a chemical blood alcohol level test that is requested.
You cannot have your license revoked for politely refusing to participate in a field sobriety test, which are physical tests of your balance, coordination, eye movement and ability to count time correctly in your head. There are many reasons other than drunk driving why a person might fail a field sobriety test including nervousness or "normal" physical impairment. In Missouri you are allowed up to twenty minutes to call a defense attorney before agreeing to submit to a chemical blood alcohol test. If you choose to submit to one or more field sobriety tests you may be giving the prosecution evidence they intend to use against you.
If you are a Missouri driver and have been arrested for DUI, contact an experienced defense attorney as soon as possible. Losing your license could lead to losing your job, and your future security. Take measures to protect your driving record by hiring an attorney who specializes in DUI defense.
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