Under Missouri state law, a driver who refuses a breathalyzer test faces an automatic one-year suspension of his or her driver's license. But understandably, many drivers feel that is unfair. Some may take their cases to court to fight that license suspension.
These drivers may sometimes file for a continuance while they fight that suspension. This may allow them time to undergo a trial before losing their license, which can be handy in cases where the motorist did not actually drive while intoxicated. While some complain that cases linger in the court for too long, others say it is important to make sure each case is handled appropriately.
In somewhat related news, as we've discussed before, the Supreme Court recently heard arguments in a case over involuntary blood tests in suspected DWI cases. This decision could have nationwide implications for how law enforcement officials conduct alcohol testing and drunk driving stops.
All Americans are granted certain fundamental rights by the Constitution, including the right to remain silent and protections against unlawful search and seizure. Sometimes compromises are made to these rights in the pursuit of justice and there is a fine line between routine investigation and law enforcement intrusion.
If you are facing charges or accusations of driving while intoxicated, the stakes are high. A conviction could result in fines, mandatory alcohol treatment programs and even jail time. This risk means it is especially important to contact someone who can help. A criminal defense attorney with experience in DWI matters can help you protect your rights and pursue the best possible outcome in your case.
Source: KCTV, "KCTV5 Investigates: Jackson County breathalyzer refusal cases," Chris Oberholtz, Jan. 31, 2013