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  1. #1
    theduece Guest

    Default Chemical Test Refusal and DWI Charges

    This all happened in Missouri. I was arrested the other day for DWI. I was give the Breath Test and and started to cough before to told my BAC. So they said that I was refusing to test. I was then locked up for 12 hours. They gav me the Following tickets for it Chemical Refusal Revocation, DWI, CNI, Failure to comply with requirments of Intermidate Driving Privlage, Failed to display lighted lamps (had fog lights on), MIP. The court date is 01-24-05. Which is a year ago. I was told that it is legal to refuse the Beathalizer in Missouri. Is this true? I was only fifteen minutes late of my Intermidate. But I think they have the wrong time on the tickets also. What is my best chance?

  2. #2
    Join Date
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    Default Drunk Driving Charges

    Generally speaking, you can "legally" refuse a breathalyzer - but not without consequence. That is, the state has your "implied consent" to administer a breathalyzer because of your operation of a motor vehicle on public roads, and can impose sanctions and consequences if you fail to take a test. (Which is it, by the way - did you refuse the test by faking a coughing attack, or were you unable to take the test and were recorded as refusing? Because the manner in which you would defend the charge is different.)

    You should retain a qualified drunk driving defense lawyer.

  3. #3
    theduece Guest

    Default

    it was because I have asthma was very nervus and that does cause me to cough.

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