Chemical Test Refusal

Chemical Test Refusal

Statutory Reference: 577.041 RSMo

Missouri’s implied consent law requires a driver to submit to a chemical test when requested by a law enforcement officer.  If a driver refuses to submit to the test, their Missouri Driver’s License is revoked for one year.

Notice of the refusal is served on the driver by the arresting officer.  The arresting officer completes and sends information to the Department of Revenue utilizing a notarized Alcohol Influence Report form or a Refusal Affidavit.  The arresting officer will take possession of any valid Missouri Driver’s License the driver has in his or her possession and issue a 15 day permit.  Any continued driving privileges beyond the 15 day permit must be pursuant to a court issued stay order.  The stay order will hold the revocation in abeyance until disposition of the underlying petition for review case.

Lose Petition for Review Hearing

If a person loses their Petition for Review hearing, he or she serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements.

The reinstatement requirements are:

1. Successfully complete a Substance Abuse Traffic Offender Program (SATOP); and

2. Pay a $45.00 reinstatement fee.

Win Petition for Review Hearing

If a person wins their Petition for Review hearing, the revocation is cancelled and the Missouri Driver’s License is returned (if applicable).