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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88760
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I received a DUI last night in St Louis Mo. I live in Texas

Resolved Question:

I received a DUI last night in St Louis Mo. I live in Texas with a Texas Drivers License. I was lost at he time and was sitting at a Red light going straight. I realized I needed to turn left and when the left light arrow turned green, I turned left from the next lane(that says go straight). I was pulled over and When I took the breathalyzer he yelled at me and said I was doing it wrong. I tried 3 times and kept asking what I was doing wrong. He took me to jail and stated that I had to take the test or lose my license.

They never asked me to take the test again and released me a couple hours later.

I received 3 tickets.

1. Running a red light.

2. Left turn from the wrong lane

3. DUI

They never took blood or Breath test. No one knows the BAC in my system.

Can you tell me what are my options are?

I am a 55 Year old School teacher in Texas and will have a very hard time getting back to St Louis Mo.
Submitted: 12 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, improperly blowing into the breath intoxilyzer is considered just the same as refusing to take the test under MO law. Thus, if you were given three chances to blow into the machine and were not blowing properly for the machine to register they did not have to give you any further tests.

Sadly this is counted as a refusal and under the implied consent laws, even with a Texas license, your license would be suspended and Texas will receive notification from MO regarding the refusal. You must have an attorney on a DUI case and the attorney will file for an administrative hearing with DMV on your license. Failure to file the request for the administrative hearing could preclude you from getting even a possible hardship license.

Without test results it is going to be tough to convict you of DUI because they will have to have some evidence you were intoxicated and you have a defense about being from out of town and being lost. The unfortunate part is that even though you are likely to have the DUI dismissed or be found not guilty, the improper blowing in the intoxilyzer is counted as a refusal and the implied consent laws are considered independent administrative actions from the DUI conviction itself and does not rely on the DUI conviction.

While I know getting back and forth to MO is going to be difficult for you, I am afraid you would have to do so unless your attorney can get your appearance waived for certain hearings.

Thus, you are going to have to deal not just with the DUI in criminal court for the criminal charges, but you would also have to make sure the attorney deals with the administrative license hearing as well to try to argue that you were not properly administered the test and that you were properly blowing in the instrument or that you were not properly instructed as to how to blow into the instrument, which is really a fairly difficult argument, but one you will have to make to try to get the administrative license hearing officer to rule that this would not count as a refusal.

You do have a much better chance on winning the DUI case in criminal court, since they have no test results to prove conclusively you were intoxicated.


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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88760
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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