Getting stopped at a DUI checkpoint can feel stressful, even when you haven’t consumed alcohol. Certain medications, medical conditions, or dietary choices can trigger false positives on breath tests, leaving you in a difficult position.
This raises an important question: do you have the right to choose which alcohol test to take?
What tests can police officers ask you to take
Under Missouri’s implied consent law, driving means you automatically consent to alcohol testing if an officer suspects DUI. If you get pulled over for a DUI, officers can ask you to take any of these tests:
- Breath test using a breathalyzer
- Blood test at a medical facility
- Urine test at a medical facility
- Field sobriety tests
Unfortunately, you cannot choose which test to take. It’s the police officer who makes this decision based on various factors.
What happens if you refuse the test
Technically, you have the right to refuse to take an alcohol test. However, this carries serious consequences. Missouri will automatically suspend your license for one year if you refuse to comply with taking an alcohol test.
The suspension called a chemical revocation, appears on your driving record permanently. To get your driving privileges back, you must complete substance abuse programs, pay reinstatement fees and more.
Protect your legal rights when facing DUI allegations
Complying with police officers during a DUI stop proves crucial, even if you believe the test might show a false positive. Your cooperation helps maintain a clear record of the events. Staying respectful and following proper procedures during the stop strengthens your position if you need to challenge the test results later.
If unusual circumstances lead to a false positive, you can fight the charges with proper evidence and legal support. A skilled DUI defense attorney can help you contest questionable test results and protect your driving privileges.