Should I Blow?


Skilled DWI Attorney STL

You have reached this page because your DWI involved a crash/accident.

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If you were involved in a crash with your DWI, here are things you should consider when you're deciding whether you should blow:

If you were involved in an accident you should know that if there are any damages and any chance of any injuries, your blood alcohol content if you blow will be used against you in three possible ways:

  1.  If it is over .08% (.02% for people under 21) it will be used to suspend your license if your attorney cannot locate any good facts that can help them to win the admin case (read more about that here). IF YOU ARE UNDER 21 ONLY. this suspension will eventually be expunged if it was your first DWI and you aren’t a CDL holder, BUT

  2. The higher your BAC, the more severely you will be treated by a prosecuting attorney handling your DWI criminal case which can impact your attorney’s ability to work out a favorable plea deal if you do not plan on taking it to trial, and the higher your BAC, the lower your chances of winning over a judge/jury at trial if there were injuries involved, AND

  3. Your BAC will likely be used against you in any civil case filed against you for damages by the other party involved in an accident if they decide to sue you.


A refusal, on the other hand, will also be used as evidence against you, but depending on your level of intoxication, may not be as damning as a high BAC. You should know though, that in the case of a refusal, it is almost never possible to work out a deal to avoid the revocation of your license. Your attorney may be able to win the revocation case if there are good facts available, but a license plea deal is almost never possible when an accident was involved.

If you were involved in a crash/accident, you may be slightly better off if you refuse to blow. However, this is unlikely to be the case if the officer gets a warrant for a blood draw anyway.  REMEMBER: THIS IS NOT LEGAL ADVICE because I do not know all the particulars of your circumstances.

I AM NOT YOUR LAWYER. I DO NOT KNOW YOUR PERSONAL CIRCUMSTANCES AND IN NO WAY SHOULD THE THINGS YOU ARE READING BE CONSIDERED LEGAL ADVICE.  It is simply a list of things for you to consider if any of the following circumstances applies to you. There may be other circumstances that apply to you that are not considered here. IF YOU WANT ME TO BE YOUR LAWYER AND GIVE YOU LEGAL ADVICE—GIVE ME A CALL AND WE CAN GO THROUGH ALL THE NECESSARY STEPS TO GET TO THAT POINT, BUT WE’RE NOT THERE YET. 

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