Blood and breath testing in Kansas City and the implied consent law
Written by: Christopher Yotz
Missouri has what is called an implied consent law. This means that just by operating a motor vehicle the law considers you to have consented to a test of your breath or blood for alcohol level. If you do not want to give a sample of your breath or blood then you have to refuse to submit to the test. This may not entirely work since under Missouri law the police may be able to forcibly take your blood under certain circumstances.
Since the law has decided that you have already consented to a test, if you are not able to refuse the test then it can occur without your express consent. This means that if you are unconscious or otherwise unable to respond to a demand for a blood sample the police can take it from you without your ability to respond or protect yourself. This can happen in an accident case where you are unconscious in a hospital the police officer will often force the medical staff at the hospital to take your blood even if it isn’t medically necessary to do so. This blood will then be tested and used against you in court.
If you refuse to submit to chemical testing for alcohol you may lose your license for a longer period of time. Because the law considers you to have already consented to a breath or blood test, if you refuse then you may be facing a 1 year suspension of your driving privileges in Missouri. Due to the length of such a suspension it is important to hire an attorney to contest such a suspension. Hiring a qualified and experienced DWI lawyer will give you the best chance of protecting your ability to drive. Contact attorney Chris Yotz today to discuss your case.