Missouri - Kansas City
DWI / DUI Lawyers

( DUI / DWI / BWI )
Drunk Driving Defense Attorneys

Serving Cass, Clay, Jackson, Platte, and Ray Counties

Kansas City North Kansas City Independence Liberty Blue Springs Buckner Grain Valley Grandview Greenwood Lake Lotawana Lake Tapawingo Lee's Summit Lone Jack Oak Grove Raytown Sugar Creek Gladstone Excelsior Springs Claycomo Holt Kearney Lawson Mosby Oakview Oakwood Pleasant Valley Randolph Smithville Dearborn Edgerton Ferrelview Houston Lake Lake Waukomis Northmoor Parkville Platte City Platte Woods Riverside Tracy Weatherby Lake Weston Archie Belton Harrisonville Lake Winnebago Peculiar Pleasant Hill Raymore Warrensburg Knob Noster Alma Bates City Concordia Corder Emma Higginsville Lexington Odessa Wellington
Toll Free: 1-877-DWI-MATT
(1-877-394-6288)

 


 


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DUI Information
Missouri DWI Summary
Missouri DWI General Law
Missouri Felony Driving Offenses
Missouri 2005 DWI Enhanced Penalty Law Change
Missouri DWI License Suspension Laws
Missouri DWI Administrative Actions
Missouri Administrative Procedures for Refusals of Chemical Tests
Missouri Drivers License Suspension Reinstatement Requirements and Limited Driving Privileges
Missouri DWI Frequently Asked Questions
Missouri DWI The Element of "Driving" or "Operation" of a Motor Vehicle
Missouri DWI Implied Consent Law
Missouri DWI Ignition Interlock
Missouri DWI Administrative Limited Driving Privileges
Missouri DWI Administrative Alcohol Suspensions Compared to Points
Questions to Ask The Attorney You Are Interviewing For a Missouri DWI Case
Missouri DWI Sobriety Checkpoints or Sobriety Roadblocks
Missouri DWI Under 21 Years Old: "Abuse and Lose" and "Zero Tolerance"
Missouri DWI Will Negatively Affect Employment
Missouri DWI will Negatively Affect Your Right to Travel
HGN The Horizontal Gaze Nystagmus Test
Standardized Field Sobriety Testing (SFSTs)
Missouri DWI Breath Tests
Missouri DWI Blood Tests
How Alcohol Is Processed in Your Body
Missouri DWI with Commercial Driver's Licenses (CDLs)
Missouri DWI Expungement or Removal of a Prior Conviction
Probation in a Missouri DWI Case
Insurance Companies in Missouri DWI Accident Cases
Calculate Your Blood Alcohol
Missouri DWI SATOP (Substance Abuse Traffic Offenders Program)
Missouri DWI SATOP OMUs Offender Managment Units: SATOP Providers
National SATOP Providers by State
Missouri Adolescent Diversion Education Program (ADEP)
Missouri Youth Clinical Intervention Program (YCLIP)
Missouri SATOP Offender Education Program (OEP)
Missouri SATOP Weekend Intervention Program (WIP)
Missouri SATOP Clinical Intervention Program (CIP)
Missouri BWI Boating While Intoxicated Cases
"Questions Raised About the Missouri DWI Expungement Process"
Missouri DWI Courts
Missouri DMV Offices

MISSOURI IMPLIED CONSENT LAW FOR CHEMICAL TESTING IN
DWI / DUI / BAC CASES

Under Missouri's Implied Consent law, RSMo. 577.020, every driver who operates a motor vehicle in the State of Missouri by law has given implied consent to giving a blood, breath, saliva or urine sample to determine the alcohol content of their blood if arrested upon reasonable grounds to believe they were driving a motor vehicle while in an intoxicated or drugged condition.

The standard used is 0.08% BAC for adults over the age of 21; 0.02% for people Under 21. Under the law, you are presumed to know your rights concerning such testing, and give consent to such tests for the privilege of driving.

While the arresting officer under the statute has the right to ask you to perform two types of these tests as opposed to just a breath test, this rarely happens.

What is important is the driver does not get to choose the type of test. If he asks for a blood test, you cannot ask for a breath test because "you do not like needles."

Similarly, if he requests a breath test, you do not have the right to request a blood test in place of the breath test if you don't believe the results of a breath test are valid. However, there are rights you have that they do not have to tell you about but that they must give you if you are educated enough on the issues to ask for them.

For instance, you do not get to choose what type of test for which you are initially going to give your consent, i.e.-if they ask for a breath test you do not get to substitute that breath test with a blood test.

However, you do have the right if you consent and take the initial breath test to an independent test at your own expense. Of course, they do not have to tell you of this right, and I have not had a single client who has yet exercised this right, but it exists!!

The police probably do not have to transport you to a hospital for the independent test, but there is no question they have to allow you access to someone who can give you the test if you are knowledgeable enough to have someone who can help you when you need it.

You also have the right to 20 minutes to speak with an attorney in Missouri for advice on whether or not you should consent to a chemical test or refuse it.

They also do not have to advise you of this right…. Know your rights and exercise them!

Put the number of a known DWI attorney into your cellular phone so you may contact them when you need it. Our office may be reached at 866-DWI-MATT 24 hours a day for advice on whether you should consent to a chemical test. Be sure to also ask your attorney about making arrangements for your independent chemical test.

If you get an independent blood test, they can often be used to refute an unreliable breath test if taken soon thereafter.


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