You are driving home from a party. In your rear view mirror you see the red lights and hear the siren of police car pulling you over. The problem is you had a few drinks, but you’re not sure just how much alcohol you have had. Questions race through your mind. Do I blow in a machine that tests my alcohol content?
You are now being arrested for driving while intoxicated. The police officer asks you to submit to a chemical test to determine your blood alcohol content or drug level.
While you have 20 minutes to contact an attorney to ask what to do, sometimes you simply aren’t able to get in touch with an attorney. You are confused on whether to say “Yes” or “No.” If you say, “No,” and refuse to blow, the State of Missouri deems you to have consented to such testing under its “implied consent” law. Again, you have the right to refuse to submit to the test but if you refuse to take the alcohol or drug test, your Missouri driving privilege will be revoked for one year. This is known as a “Chemical Revocation.”
The topic of chemical revocation can be confusing. The Missouri Department of Revenue has a helpful Website that provides a lot of information related to the implied consent law and chemical revocation. Here are a few Q&A’s from the DOR that will help answer some of your questions:
Can I have any type of driving privilege while I am under a Chemical Revocation?
You may be eligible for a Limited Driving Privilege (LDP). The LDP may be used for work, your alcohol program, medical treatment, school, etc. You must install an Ignition Interlock Device (IID) and file an SR-22 form.
Do I need an Ignition Interlock Device (IID) to reinstate my Missouri driving privilege after I have served my 1-year revocation period?
If your driver record shows more than one intoxication-related law enforcement contact, you are required to have an Ignition Interlock Device (IID) installed on any vehicle you operate. You must maintain the device for a minimum period of six months from the reinstatement date. You will be monitored during the last three months of the six-month period. If you have any violations, as determined by the device manufacturer during the monitoring period, your requirement to maintain the device will be extended until you complete a three-consecutive-month period without violation. Violations are defined in 7 CSR 60-2.010 (refer to “violations reset” language).
What is an SR-22 insurance filing?
An SR-22 form is an insurance filing from your insurance company that shows your motor vehicle has liability insurance.
How long do I need the SR-22 insurance filing?
You must file the SR-22 form for two years from the effective date of your Chemical Revocation.
Why do I need to complete a Substance Abuse Traffic Offender Program (SATOP) if I was not convicted (or, I was convicted of a lesser charge)?
If you have an alcohol offense, such as an alcohol or drug revocation on your driver record, the law requires you to complete a SATOP (or comparable course) as a condition of reinstating your driving privilege in Missouri.
Where can I get information about Substance Abuse Traffic Offender Program (SATOP) courses?
Information regarding SATOP courses is available on the Missouri Department of Mental Health, Division of Behavioral Health website. For a SATOP provider near you check out our list of SATOP providers.
How do I appeal the revocation of my driving privilege?
You must petition the Circuit or Associate Circuit Court in the county where the arrest or stop occurred. A petition for review must be filed within 30 days from the date the Notice of Revocation is issued. If the arrest or stop occurred in another state, you must petition the Cole County Circuit Court, in Jefferson City, Missouri.
When will the Chemical Revocation come off my driver record?
A Chemical Revocation (for refusal to submit to an alcohol or drug test) is a permanent part of the record and can never be removed.