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DWI AND THE BREATHALYZER: TO BLOW OR NOT TO BLOW

That is the question but, what is the answer?

If you are faced with this question, there is only one definitive answer: call a lawyer who specializes in DWI or DUI law. When the police officer reads the Missouri Implied Consent law and asks if you want to take the breathalyzer, take the 20 minutes you are entitled to and contact a lawyer. Ask the police officer for a phone book and start making calls. Better yet, have a DWI attorney’s cell phone number in your speed dial.

The reason you must contact a lawyer before deciding whether or not to take the breathalyzer test is because there is no one catch-all answer. The decision is fact-specific to your individual circumstances. Factors to consider:

  • Are you under 21 years of age?
  • Will you blow a .08 or above?
  • Do you have a Commercial Driver’s License (CDL)?
  • Do you have any prior alcohol related contact with the law?
  • Which county are you in?
  • If you refuse to take the breathalyzer, will the police officer get a warrant to draw your blood anyway?

The answers to these questions will help determine whether you will lose your license, how long you will lose your license, and whether there is a way to avoid losing your license.

“Always take the breathalyzer” or “never take the breathalyzer” is never the right answer. “Always call a lawyer first” is always the right answer.

Schedule a brief no-fee appointment with me and I will provide you with my cell phone number to use in case you are ever faced with the question “To blow or not to blow?”

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Shea Kohl Law, LC serves clients in Missouri including St. Charles, Troy and Lincoln and throughout Warren and St. Louis counties. We also serve clients in Illinois.