Don’t Wait Until You Need A DWI Lawyer Before You Understand Your Rights.
If you’re in the habit of driving after drinking alcohol in the state of Missouri, it’s only a matter of time before you’re pulled over by the police. The police will probably ask you to take a breathalyzer test, a roadside sobriety test, or a urine or blood test.
At first, you might choose to do nothing to avoid incriminating yourself. As an American, you have the right to silence, right? You may also believe that if blood-alcohol or breath tests are not available for use in court, you can avoid the conviction because of lack of evidence. All you have to do is insist that you only had a few, right?
You would be wrong in both cases. At the Law Office of Adam Woody, we want to make sure you know your rights before you have to hire a DWI lawyer.
Implied Consent Laws
Our DWI lawyers find that our clients can overlook that, in America, driving is a privilege, not a right. The state of Missouri and other states grant you the privilege to drive a motor vehicle provided you meet certain conditions, such as passing specific driving tests.
Missouri can deny or revoke your driving privilege if you fail to adhere to certain conditions and regulations. In all states, these regulations include what is referred to as “implied consent.” Every time you renew your license, you sign an agreement that binds you to your state’s implied consent laws.
These laws typically include:
- Having your driving documents (license and proof of insurance) available in case a police officer asks you to produce them.
- Consenting to a breath, blood and/or urine test to determine the level of alcohol in your blood.
- Some states print these laws on the back of the driver’s licenses they issue to their citizens.
- You can refuse to take the test.
If you’re new to Missouri and haven’t been issued a Missouri driver’s license, you’re subject to the implied consent laws of Missouri. This is regardless of the laws in your state of origin. You can, however, refuse to take the sobriety tests even if you agreed to the regulations when you applied for your license. However, refusing to do the tests is considered a violation in every state, which has consequences.
It’s not the police’s job to keep the roads safe. If the officer suspects that you’re drunk and are a danger to yourself or others he can request your compliance. However, refusal to take the test is considered enough reason to arrest you. This is when you’ll need to hire a competent DWI lawyer such as Adam Woody.
Refusal can lead to suspension of your license.
Some states allow the officer to confiscate your license. This would be an administrative action (not a criminal one) because you have violated the terms of your driver’s agreement. In that agreement, you agreed you would cooperate if asked to take the sobriety tests.
You might also consider that a violation of your right against being punished for the same crime twice (double jeopardy). However, most states have the suspension of driving privileges as an administrative function. The DMV (Department of Motor Vehicle) handles this outside of court.
If you believe your rights have been violated as a result of your DWI arrest or other traffic offense, contact a DWI lawyer or traffic attorney immediately. Adam Woody offers confidential consultations in regards to your DWI or other traffic offenses.