What Are the Legal Risks of Refusing a Breath Test During a DUI Stop?
May 13, 2025
Getting pulled over on suspicion of drunk driving is a stressful experience.
When an officer asks you to take a breath test, it’s natural to have questions about your rights and what could happen next. Some drivers think that refusing a breath test might help them avoid a DUI charge, but in Missouri, that decision comes with serious consequences.
Understanding the risks tied to refusing a breath test during a DUI stop is essential for anyone who drives in Missouri. The state has strict laws in place that give law enforcement certain tools to fight impaired driving, and one of those tools is the implied consent law. Walker Law LLC in Wentzville, Missouri, can help break down what happens when you refuse.
Understanding Implied Consent in Missouri
Before getting into the consequences of refusing a breath test, it's important to understand the legal foundation behind it — Missouri’s implied consent law. This law applies the moment you get behind the wheel in the state. Here’s what implied consent means for drivers:
Automatic agreement: By holding a Missouri driver’s license, you're agreeing in advance to submit to a chemical test (breath, blood, or urine) if an officer lawfully arrests you for DUI.
Applies after arrest: The law doesn’t apply to preliminary breath tests (the handheld devices used before an arrest), but it kicks in once you're placed under arrest and asked to take an official test at the station or in a police unit.
Covers all drivers: Whether you're a resident or just driving through, you're subject to Missouri’s implied consent rules.
This law lays the groundwork for what happens if you refuse a test, and why the penalties can be severe even before your DUI case makes it to court.
Administrative Penalties for Refusal
One of the first things drivers deal with after refusing a breath test is an automatic administrative penalty from the Missouri Department of Revenue. This is separate from any criminal charges and happens quickly. Here’s what happens on the administrative side:
Automatic license revocation: Refusing a breath test results in a one-year revocation of your driving privileges, regardless of whether you're later convicted of DUI.
15-day driving permit: After the refusal, you’ll typically receive a temporary driving permit that's valid for 15 days. After that, the revocation takes effect unless you successfully challenge it.
Limited driving privilege (LDP): In some cases, you might qualify for a limited license that allows you to drive for work or medical needs, but there are strict rules and additional requirements like installing an ignition interlock device.
These administrative consequences happen fast and can disrupt your life before your DUI charge even moves forward in court.
Challenging the Refusal in Court
Drivers who refuse a breath test do have an opportunity to challenge the revocation in court. However, the process is time-sensitive and can be difficult to win without strong legal arguments and representation. Here are some key things to know about court challenges:
You have 30 days: After receiving notice of revocation, you must request a hearing within 30 days to contest the action.
Burden of proof: At the hearing, the state must prove that the officer had reasonable grounds to believe you were driving under the influence and that you refused the test.
Refusal hearings are civil: These hearings aren’t criminal trials—they focus only on the refusal and not the DUI charge itself.
Even though you can fight the revocation, these hearings are tough. Courts tend to side with officers unless there’s strong evidence showing that the refusal wasn’t valid or that your rights were violated.
Criminal Consequences of Refusing a Test
Missouri doesn’t just stop at administrative penalties. Refusing a breath test can also affect your criminal case in court, adding challenges and potential penalties if you’re charged with DUI. Here’s how refusal impacts criminal proceedings:
Prosecutors can use it against you: Refusing a test can be introduced as evidence of guilt during your DUI trial. The court may consider it a sign you were trying to hide your intoxication.
Additional charges possible: In some cases, prosecutors may file separate charges related to the refusal, especially if it's a repeat offense.
Harsher penalties after conviction: Judges may consider your refusal when handing down sentences, leading to longer license suspensions, higher fines, or mandatory alcohol treatment.
Even if you think refusing the test might protect you from a DUI conviction, it often backfires when it becomes part of the criminal case.
Refusal vs. Test Failure: What’s Worse?
Some drivers wonder whether it's better to fail a breath test or refuse it altogether. The answer depends on several factors, including prior offenses, the severity of the case, and whether there's other evidence. Some important comparisons to consider are:
Refusal = automatic penalties: Refusing triggers automatic consequences, whether or not you're guilty of DUI.
Failure = evidence of intoxication: Failing the test gives prosecutors concrete proof to use against you in court.
Refusal + other evidence = tough case: Even without a test result, things like slurred speech, field sobriety performance, and the officer’s observations can lead to a conviction.
In most cases, neither option is ideal. But refusing doesn’t usually help your defense and can make the legal process even more difficult to manage.
When Refusal Might Seem Justified
While the risks are high, some drivers may feel justified in refusing a breath test based on personal, legal, or health reasons. It’s important to recognize these situations and understand how they might play out in court. Some common reasons people refuse include:
Medical concerns: Some drivers may worry about the accuracy of breath tests due to medical conditions like acid reflux or diabetes.
Lack of understanding: A driver may not fully understand their rights or what’s being asked of them, especially under stress.
Mistrust of the system: Some people simply don’t trust law enforcement and refuse on principle or out of fear of false readings.
Judges might consider these reasons when hearing your case, but they won’t automatically excuse the refusal or wipe out the consequences.
Repeat Offenses and Long-Term Consequences
Refusing a breath test carries even heavier penalties for repeat offenders or those with prior DUI convictions. The legal system comes down harder on drivers with a history of impaired driving. Here’s what repeat offenders may face:
Longer license revocations: A second refusal can lead to much longer revocation periods or permanent loss of driving privileges.
Higher costs: Court fees, reinstatement costs, ignition interlock requirements, and SR-22 insurance can add up quickly.
Habitual offender status: Multiple offenses can result in being labeled a habitual offender, which carries its own legal and reputational damage.
If you’ve been in trouble before, refusing a test the second or third time can escalate things quickly, making it harder to get your license back or avoid jail time.
Impact on Daily Life
Beyond the courtroom, refusing a breath test can affect nearly every part of your daily routine. These effects often catch people off guard and can last well after the legal process ends. Here’s how refusal can affect your lifestyle.
Transportation problems: Losing your license can make it hard to get to work, school, or appointments—especially in areas without public transit.
Employment issues: Some employers require a valid driver’s license, and a refusal-related revocation might put your job at risk.
Increased financial burden: Between legal fees, fines, increased insurance rates, and other expenses, the cost of refusal can be thousands of dollars.
The ripple effects of refusing a breath test reach far beyond the DUI charge itself and can disrupt your life for months or even years.
Reach Out Today
Refusing a breath test during a DUI stop in Missouri might seem like a smart move, but the legal consequences can be severe and long-lasting. If you've already refused a test or are facing DUI charges, it’s important to reach out to Walker Law LLC. I serve clients in Chesterfield, Missouri, Town and Country, Cottleville, and throughout St. Louis County and St. Charles County. Call today if you need an experienced DUI attorney.