Should I Blow?


Skilled DWI Attorney STL

Finally! Now we know that you are under 21, don't have a CDL and weren't driving a commercial vehicle, weren't involved in a crash and have no prior DWI arrests.

If that doesn't sound like you, go here. 


But if it does, you're in the right place. This is what you should know before you decide whether you should blow or not (remember, this is not legal advice):

For most people in these circumstances listed in huge font above, agreeing to blow will result in a 90-day suspension of your driving record if you blow over .02 (so basically if you sniffed an unopened beer can at some point in the evening), BUT under RSMo 302.545, that suspension will be automatically expunged two years after the stop or when you turn 21, whichever is sooner. The criminal case WILL NOT be expunged automatically, but the record of your license suspension will, and that’s a pretty good deal—it doesn’t happen like that for people who are over 21.  Meanwhile, if you REFUSE to blow and your license is revoked, that won’t get expunged and the revocation is longer. Your attorney MAY be able to work out a deal where the refusal doesn’t result in a revocation, OR if there are good facts, may be able to win the case, but if she is unable to work out a deal or win you will face a one year revocation, and even if she does  work out a deal or win, the record of it will be on forever (unless you pay to get it expunged 10 years down the road).

In this case (under 21, no CDL/commercial vehicle, no accident, no priors), you may consider it a slightly more favorable option to blow/submit to their chemical test.

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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