Should I Blow?
you have 20 minutes to call an attorney to ask this question.
This is the question I am asked the most as a DWI lawyer: Should I take the breath test? People tell me, "I heard I should never blow," or "I heard it doesn't matter if you blow or not, you're still getting arrested." Neither of these are true. The answer to this question is not a simple yes or no. However, according to Missouri Statute § 577.041.3, if you ask to talk to a lawyer during a DWI arrest the arresting officer MUST give you at least 20 minutes to call a lawyer for advice.
when you call dwi attorney ben faber to ask if you should blow:
You will be asked first for your name, and then a series of "YES" or "NO" questions. It is very important that you only answer the lawyer's questions with yes or no answers, because most of the time there is a police officer right behind you listening to everything you say. Your answers to these questions will give the lawyer enough information to be able to give you a suggestion as to whether you should take the breath test or refuse.
I was arrested or ticketed for dwi - what do i do next?
Many individuals who are arrested for Driving While Intoxicated (DWI) have no previous experience with the criminal justice system. It is not unusual to feel scared or overwhelmed. That is why it is important to consult with an experienced DWI attorney who can explain the process of defending a DWI and give you a clear picture of what you can expect in a DWI case.
CALL NOW! - YOU ONLY HAVE 15 DAYS FROM THE DATE OF ARREST!
The first thing that will happen after you are arrested for a DWI is the arresting officer will give you either a Notice of Suspension or a Notice of Revocation, depending on whether you consented to a breathalyzer test or refused the breathalyzer. Under either of these circumstances, you are afforded only 15 days before you lose your license - unless you know what to do next.
if you consented to a breathalyzer test:
For a breath test in excess of .08%, you will be given a notice of suspension. This notice has a form on the bottom of it that MUST be filled out and submitted to the Department of Revenue within 15 DAYS of your arrest. The form is a request for an administrative hearing on the suspension of your driver's license. You are only given a hearing if you ask for one. Because the Department of Revenue cannot suspend your license without a hearing, you will not lose your license prior to your hearing date. In the administrative hearing, an experienced DWI attorney can challenge the admissibility of the breath test, the reliability of the breath sample, and whether the arresting officer even should have had you blow in the first place. However, if you do not request a hearing within the 15 day time limit, you automatically lose your license for 90 days, and will have no opportunity to defend yourself against the suspension.
If you refused the breathalyzer test:
Whether you simply tell the officer "no" or for some other reason the officer thinks that you are refusing to take the breathalyzer test, you will be given refusal paperwork called a Notice of Revocation. Your refusal paperwork will serve as your driver's permit for the next 15 days. But just because you refused the test doesn't mean you are going to lose your license. Your lawyer will sue the Department of Revenue, called a Petition for Review, and challenge the taking of your license by the State of Missouri. With the Petition for Review, a Stay Order is also filed, which is a court order for the Department of Revenue to "stay", or hold off revoking your license until they show the judge enough evidence that the officer had a good reason to ask you to take the breathalyzer test, and that you actually refuse the test. These cases are winnable, and if you do not file the Petition for Review within 30 days of your arrest, you will lose the opportunity to challenge the revocation of your license. Many lawyers who say that they handle DWIs have never had a hearing or trial in an administrative or refusal case. When meeting with your lawyer, always ask what kind of trial experience they have in DWI cases.
Exercise Your Right To Counsel.
Use the form below to contact me regarding your DWI case or other legal issue. Please be as specific as possible about the charges that you are facing and the jurisdiction in which you are charged. You may also email or call us to make an appointment.