Refusal to Submit to an Alcohol or Drug Test FAQs
Statutory Reference: 302.574, RSMo
When you are arrested for a driving while intoxicated offense, a police officer will ask you to submit to a chemical test to determine your blood alcohol content or drug level. While the state of Missouri deems you to have consented to such testing under its "implied consent" law, you may refuse to submit to the test.
However, 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".
Information 24/7 – For information about a ticket, suspension, or revocation on your Missouri driver record, you may call our interactive voice response system at (573) 526-2407 - available 24 hours a day, 7 days a week, or log in to your MyDMV profile.
For information on how to reinstate your driving privilege in Missouri, visit the License Reinstatement Requirements page of our website.
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.
If your driver 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).
An SR-22 form is an insurance filing from your insurance company that shows your motor vehicle has liability insurance.
You must file the SR-22 form for two years from the effective date of your Chemical Revocation.
If you have an alcohol offense, such as an alcohol or drug revocation on your driver record, the law requires you to complete a Substance Awareness Traffic Offender Program (SATOP) (or comparable program) as a condition of reinstating your driving privilege in Missouri.
Information regarding Substance Awareness Traffic Offender Program (SATOP) courses is available on the Missouri Department of Mental Health, Division of Behavioral Health website.
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.
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.
If you still have questions, please check out other Driver Licensing FAQs.
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