Is It Better or Worse to Refuse the Breathalyzer in Hannibal, MO

If you’re pulled over for suspected DUI in Hannibal, Missouri, one of the biggest decisions you’ll face is whether to take or refuse the breathalyzer test. Many drivers believe refusing the test can help avoid a DUI conviction, but this choice comes with serious consequences, including automatic license suspension, increased penalties, and challenges in court.

Missouri has strict implied consent laws, meaning that by driving on public roads, you automatically agree to submit to chemical testing if an officer suspects you are intoxicated. Refusing the test triggers severe penalties, but taking it and failing can also have lasting consequences.

This guide will provide a comprehensive, SEO-optimized breakdown of:

✅ Missouri’s Implied Consent Law
✅ Consequences of Refusing a Breathalyzer in Hannibal, MO
✅ DOR Rules and the Administrative Hearing Process
✅ Missouri Case Law on DUI Breath Test Refusals
✅ How Refusing a Breathalyzer Impacts Insurance & Your Driving Record
✅ The Pros and Cons of Refusing vs. Taking the Test
✅ How a DUI Lawyer Can Defend Against Refusal Charges
✅ Frequently Asked Questions (FAQs) on Breathalyzer Refusal

By the end of this article, you’ll have a clear strategy on whether refusing a breathalyzer in Missouri is the best choice for you.

Missouri’s Implied Consent Law

What Is Implied Consent?

Missouri law states that by driving a motor vehicle, you automatically consent to submit to a breath, blood, or urine test if a police officer reasonably suspects you of DUI. This is outlined in:

RSMo 577.020 – Missouri’s Implied Consent Law
RSMo 577.041 – Consequences of Refusing a Breath Test

Key Takeaways:

🚔 If an officer has probable cause, they can request a breath or blood test.
🚫 Refusal results in an automatic one-year license revocation (even without a DUI conviction).
🏛 The Missouri Department of Revenue (DOR) handles administrative penalties separately from criminal DUI charges.

What Happens If You Refuse a Breathalyzer in Hannibal, MO?

Refusing a breath test triggers immediate legal and administrative penalties:

License Confiscation & Temporary Permit
- The officer seizes your license and issues a 15-day temporary driving permit.
Automatic One-Year License Revocation
- Under Chemical Revocation rules, your license is automatically suspended for one year.
Refusal Can Be Used Against You in Court
- Prosecutors will argue that refusing a test suggests you knew you were intoxicated.
You Must Act Fast to Fight the Suspension
- You have 15 days to request an administrative hearing to contest your license revocation.

Does Refusing Prevent a DUI Charge?

No. Refusing a breathalyzer does not mean you won’t be charged with DUI. Police can still:

Use field sobriety tests, witness statements, and officer observations as evidence.
Obtain a warrant for a blood test (which can be even worse if your BAC is high).
Charge you with DUI based on erratic driving or slurred speech alone.

Refusing vs. Taking the Breathalyzer: Pros and Cons

Decision	Pros	Cons
Refusing the Test	– No automatic BAC evidence for the prosecution – Possible advantage if there’s weak additional evidence	– Automatic 1-year license revocation– Prosecutors will argue refusal shows guilt – You can still be charged and convicted of DUI – No hardship license for 90 days
Taking the Test	– If BAC is under .08, you may avoid a DUI charge – Can qualify for a hardship license sooner	– A failed test provides strong evidence against you – Can lead to DUI conviction with criminal penalties

When Might Refusing Be the Best Option?

If you believe you’re significantly over the legal limit.
If you have prior DUI convictions, since a high BAC can result in felony charges.
If you’re prepared to fight the administrative suspension in court.

When Is It Better to Take the Test?

If you believe you are close to or under the legal limit.
If you want to avoid an automatic 1-year license suspension.
If you want a better chance at a hardship license sooner.

DOR Rules and the Administrative Hearing Process

Steps in the License Revocation Process

License Confiscation & Temporary Permit
- You receive a 15-day temporary driving permit.
Requesting an Administrative Hearing
- You have 15 days to request a DOR hearing.
Possible Outcomes
- Win the hearing → License reinstated.
- Lose the hearing → License revoked for 1 year.
Applying for a Hardship License
- After 90 days, you may apply for a Restricted Driving Privilege (RDP).

Missouri Case Law on Breathalyzer Refusals

Missouri courts have ruled on multiple DUI refusal cases, shaping how refusals are handled.

State v. McCarty (2016) – The Missouri Supreme Court ruled that breathalyzer refusal evidence is admissible in court.
State v. Woolfolk (2012) – Held that probable cause is required before an officer can request a breath test.
State v. Oliver (2019) – Established that officers must properly inform drivers of the consequences of refusal.

Frequently Asked Questions (FAQs)

Q1: Can I refuse a field sobriety test in Missouri?

✅ Yes. You are NOT legally required to take field sobriety tests.

Q2: Can I refuse a breathalyzer at a DUI checkpoint?

✅ Yes, but… You will face automatic license revocation.

Q3: What happens if I fail the breathalyzer instead of refusing?

❌ If BAC is 0.08 or higher, you’ll be arrested for DUI.

Q4: Can I get my license back early if I refuse?

❌ No, unless you win your DOR hearing.

Call to Action – Get Legal Help Now

If you’ve refused a breathalyzer or are facing DUI charges in Hannibal, Missouri, you need a DUI defense attorney ASAP.

📞 Call Bond Law Firm, LLC today: (573) 769-6155
📍 Visit us at 102 N. Main St., Palmyra, MO 63461
📧 Email: eric@bondlawfirm.com

🚗 Don’t face this alone. Let us fight for your rights!