1. Introduction
Getting pulled over for a DWI in Hannibal, Palmyra, or anywhere in Northeast Missouri raises one urgent question:
“Should I blow into the breathalyzer, or should I refuse?”
This article answers that question directly. To understand the best choice for your situation, you also need to know how Missouri officers build their cases — from the moment they see your car, to the questions they ask, to the tests they use, and the mistakes they often make.
By the end, you’ll understand the difference between roadside tests and the official station machine, how license suspensions work, and the risks and benefits of blowing versus refusing.
2. The DWI Stop in Missouri
2.1 What Is Reasonable Suspicion?
“Reasonable suspicion” means the officer has specific facts that suggest a driver may be committing a crime or traffic violation. It is a lower standard than “probable cause,” but it must be more than a hunch.
Examples of reasonable suspicion for a DWI stop in Missouri:
- Swerving across lanes
- Driving much too slow or too fast for conditions
- Crossing the center line
- Nearly hitting the curb
- Running a red light or stop sign
If the officer cannot explain reasonable suspicion, the stop — and everything that follows — can be challenged.
2.2 First Contact With the Driver
When the officer approaches your window, they begin building a case immediately. They are trained to look for:
- Odor of alcohol inside the car or on your breath
- Presence of alcohol containers in the car (open or closed)
- Bloodshot or watery eyes
- Slurred speech
- Fumbling with license and registration
- Slow responses or confusion
- Hand on the vehicle for balance when stepping out
Every detail is written down and later repeated in court.
2.3 Divided Attention Clues
Police believe that intoxicated drivers cannot handle “divided attention” tasks well — following instructions while performing actions. Examples include:
- Forgetting directions during a test
- Repeating questions
- Stumbling while listening
- Mixing up steps during a walk-and-turn
3. Do You Have to Answer Questions?
3.1 The Right to Stay Silent
Questions like:
- “How much have you had to drink?”
- “Where are you coming from?”
- “When was your last drink?”
are not required to be answered. You can politely decline.
3.2 What Happens If You Don’t Answer
If you refuse to answer, the officer may not like it — but silence cannot be used as punishment. Remaining quiet often prevents the state from stacking extra evidence against you.
4. Field Sobriety Tests (FSTs)
4.1 The Purpose of FSTs
Field sobriety tests are designed to help the officer decide if there is probable cause to arrest you. They are not meant to prove your innocence.
4.2 The Three Standardized Tests
(a) Horizontal Gaze Nystagmus (HGN):
- Officer holds a pen or light in front of your eyes and moves it side to side.
- Looking for jerking movements of the eyes.
- Many non-alcohol reasons (fatigue, flashing lights, medical issues) can cause the same movements.
(b) Walk-and-Turn Test:
- Walk heel-to-toe for nine steps, turn, and return.
- Clues officers look for:
- Stepping off the line
- Using arms for balance
- Stopping mid-test
- Taking the wrong number of steps
(c) One-Leg Stand Test:
- Hold one leg six inches off the ground and count.
- Police note swaying, hopping, or dropping your foot.
4.3 Real-World Problems With FSTs
- Uneven pavement
- Gravel or sloped shoulders
- Flashing patrol car lights in your eyes
- Cold, rain, or wind
- Age, weight, or health issues
4.4 Are They Voluntary?
Yes. Missouri law does not require you to take them. Refusing does not suspend your license.
4.5 Do They Help You?
Rarely. Even if you “pass,” many officers will still arrest you.
5. Breath Tests in Missouri
5.1 Roadside Portable Breath Test (PBT)
- Small handheld device.
- Not admissible in court to prove intoxication.
- Used only to support an arrest decision.
- Results can be wrong due to temperature, calibration, or officer error.
- Refusing the PBT does not trigger an automatic suspension.
5.2 Station Breath Test – Intoxilyzer 8000
At the station, Missouri typically uses the Intoxilyzer 8000. This is the official breathalyzer machine.
- Its results can be used in court.
- Must be maintained, calibrated, and run by a certified operator.
- Missouri requires the officer to observe you for at least 15 minutes before the test — no eating, drinking, smoking, or vomiting allowed during this time.
5.3 Blood Tests
- Usually require a warrant.
- Must be collected, stored, and transported properly.
- Chain of custody errors are common and can lead to challenges in court.
6. Refusing vs. Blowing
6.1 Reasons to Blow
- You are confident you are under 0.08%.
- You want to avoid an automatic one-year suspension.
- You believe the officer followed every procedure correctly.
6.2 Reasons to Refuse
- You know you are well over the limit.
- You do not want to provide more evidence to the state.
- You suspect the officer mishandled the stop.
7. License Suspensions in Missouri
7.1 Refusal – Implied Consent Law
Automatic one-year suspension. You may apply for a restricted license with ignition interlock.
7.2 Failing – Over 0.08%
First offense = 90-day suspension. Option for restricted driving privilege after 30 days.
7.3 Administrative Hearing
You have 15 days to request a Missouri Department of Revenue hearing. If missed, the suspension takes effect automatically.
8. Where Police Often Get It Wrong
8.1 Illegal Stops
No lawful reasonable suspicion. Stopping drivers on a hunch.
8.2 Field Sobriety Errors
- Bad instructions
- Unsafe conditions
- Ignoring medical issues
8.3 Breath Test Mistakes
- Intoxilyzer 8000 not calibrated
- Officer not certified
- Failure to observe for the required 15 minutes
8.4 Blood Test Mistakes
- Contamination
- Bad storage
- Broken chain of custody
9. Frequently Asked Questions
Q1: Should I blow into the roadside breathalyzer?
No. The PBT is not reliable for court and only supports an arrest.
Q2: Should I blow at the station?
If you are certain you are under the limit, it may be safer. If over, refusing avoids more evidence but suspends your license.
Q3: Do I have to do field sobriety tests?
No. They are voluntary in Missouri.
Q4: What happens if I refuse the station test?
You face a one-year suspension under Missouri’s Implied Consent Law.
Q5: Can a DWI in Hannibal or Palmyra be fought?
Yes. Cases are often challenged successfully when officers make mistakes.
10. Key Takeaways
- Officers in Missouri look for alcohol odor, presence of containers, slurred speech, stumbling, and divided attention problems.
- Field sobriety tests are voluntary and rarely help the driver.
- The roadside PBT is not admissible in court.
- The station machine (Intoxilyzer 8000) is admissible but must follow strict rules.
- Refusing the station test brings a one-year suspension but may keep stronger evidence out.
- Police errors are common and can make the difference in your case.
11. Call to Action
A Missouri DWI stop forces you to make a quick decision: blow or refuse. Both choices carry consequences. Blowing may provide the state with more evidence, while refusing leads to an automatic suspension. Which path is right depends on the details of the stop, the officer’s conduct, and the strength of the case against you.
At Bond Law Firm, LLC, we help drivers in Hannibal, Palmyra, and across Northeast Missouri make sense of that decision — and fight back when law enforcement cuts corners.
Call 573-769-6155 or email eric@bondlawfirm.com today.
Bond Law Firm, LLC — Protecting Drivers in Hannibal, Palmyra, and Northeast Missouri.
Recent Comments