Missouri- First offense, Clean record, I refused to take my test but had the "street test". I am a single mother of two and have to drive. I am a teacher and travel between schools for work. The officer took license and aware of fifteen days. He said after the fact of giving my 20 minutes to decide, I should have taken test and now I may never get my license back. Did not know to call attorney, just tried to call friends for advice and could not reach them. Is this true? Will I have a year suspension and what does this mean? How do they know if I do drive? Possible jail time? Does the officer's report affect my case?
Country relating to Question: United States
State (if USA): Missouri
I have contacted an attorney but I am so worried I can not wait to get answers until meeting on Monday.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
I would be happy to answer your question. You did not state it above so I just want to clarify, you were charged with a DUI?
I am sorry to hear about your situation and understand your concern. Missouri's implied consent law requires a driver to submit to an alcohol and/or drug test when requested by a law enforcement officer. If the driver refuses to submit to the test, the license is revoked for one year.The driver has 15 days from the date their Notice of Suspension/Revocation is issued to request an administrative hearing. If requested, a hearing is scheduled by the Department of Revenue in the county of arrest or may be held by telephone. In most cases, the administrative records are sufficient to serve as the arresting officer's Testimony during the administrative hearing. In some instances, however, the arresting officer may be subpoenaed to appear. Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form. The arresting officer will take possession of any valid Missouri driver license the driver has in his or her possession and issue a 15-day permit, if applicable. Any continued driving beyond the initial 15-day period must be pursuant to a court issued Stay Order. The stay order will temporarily suspend the revocation until the case is settled. This is something which your attorney can try and obtain for you.If the court upholds the arrest, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the revocation is canceled and the license is returned, if applicable. The only way they will know if you drive is if you get stopped. If you do, you will be charged with a criminal offense and the State may seek jail time, for driving on a suspended/revoked license, as a result of a DUI/DWI. Your attorney will make a demand for discovery and review the evidence the State will be using against you to prove the charges. If you have a defense and good basis to take the case to trial, you can make the State prove the charges against your beyond a reasonable doubt. I have listed the possible penalties which you could be facing if convicted at trial or if you take a plea deal.
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Thank you.If the court upholds the DUI, can my lawyer reduce the one year suspension?
Your welcome. That would remain for the year but you can speak with your attorney about getting you a hardship license, which would allow you to drive to work. Please let me know if you have any other questions. If not, please rate my help with 3, 4 or 5 stars/faces, so I can get credit. Thank you.
Sorry- So if I would have taken the test and convicted then I would have maybe not have had a year revocation? But since I did not take the test, if upheld I have a year?
Yes, that is correct. The refusal results in a longer suspension time. However, during the case, the State will not have any breath test results to use against you. They will have to rely on the testimony and observations of the officer and do not have any breath test results to introduce into evidence. This is something which your attorney can use to your advantage, if the case goes to trial.
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