Access to Justice: Trial Lawyers
Your Drivers License and Refusing To Submit to Chemical Test
Your Drivers License and Refusing To Submit to Chemical:
If someone is pulled over by law enforcement, or in the course of operating a motor vehicle, they are requested to submit to any chemical test, they have the choice to comply with the request or choose to refuse to comply with the chemical test.
Below is an outline of the consequences if they refuse to submit to chemical test while driving a motor vehicle.
Chapter 302.574 of the Revised Statutes of Missouri states, “If a person who was operating a vehicle refuses the request of the officer to submit to any chemical test under section 577.041, the officer shall, on behalf of the director of revenue, serve the notice of license revocation personally upon the person and shall take possession of any license to operate a vehicle issued by this state which is held by that person.
The officer shall issue for fifteen days (15) and shall also give the person notice of his or her right to file a petition for review to contest the license revocation.”
Once the director of revenue, who has authority to issue and revoke one’s privilege to have a valid driver’s license, receives the report of the individuals choice to not submit to a chemical test the director of revenue will revoke the license of the person refusing to take the test for a period of one year.
The person facing the revocation of their drivers license may request a hearing regarding the facts and procedure of the events that led to the officer requesting the chemical test and the refusal of submitting to the chemical test. Further, one may request the court allow the driver to continue driving until the request for a hearing is in fact heard.
If a request for hearing is submitted the court will determine:
1) Whether the person was arrested or stopped.
2) Whether the officer had: Reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated or drugged condition; or if under the age of twenty-one years the officer had reasonable grounds the person driving had a blood alcohol content of two-hundredths of one percent or more by weight; or reasonable grounds to believe that the person stopped, being under the age of twenty-one years, was committing a violation of the traffic laws of the state.
3) Whether the person did actually refuse to submit to the test.
If after the hearing the court does in fact find the person committed all three of the listed elements then the persons drivers license will be revoked for one year and not reinstated until that person has also completed substance abuse traffic offender program or a program determined to be comparable by the department of mental health.
One additional requirement for reinstatement is the person is to file proof of financial responsibility (car insurance) with the director of revenue. If the person doesn’t file proof of financial responsibility, then the revocation will remain in effect for two years from the date of revocation.
And for the even more bad news. If the person who refuses to submit to the chemical test and they also have a prior alcohol-related enforcement contact then upon reinstatement, after the one year suspension, the person must install an ignition interlock device for six months immediately following the date of reinstatement.
Your right to drive can be fundamental to your quality of life. If any of the above pertains to you or someone you know make the right choice and call us today.
We have offices located at Kansas City metro at 19401 East 40 Highway Suite 130 Independence, MO 64055 and Joplin area at 214 W. 5th St. Joplin, MO 66401.