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Ozark DWI Lawyers

  • Souder Tate:

     BE POLITE to the police officer and state that on your Attorney's advice, you are doing the following things:

    1. DO NOT ANSWER QUESTIONS BEYOND YOUR NAME AND ADDRESS.

    • Assert your Fifth Amendment right to remain silent. Any Answer, no matter how unimportant it may seem, can hurt you later in court. Do not fill out any forms.

    2. DO TAKE THE PRELIMINARY BREATH TEST (P.B.T.)

    • This test typically is given in the police car, and the test results are not normally used in court. 

    3. DO NOT PERFORM THE FIELD SOBRIETY TESTS

    • You have a right to refuse to follow  a pen or finger with your eyes, place finger to nose, walk a straight line, etc. These tests only incriminate you no matter how well you do.

    4. DO TAKE THE OFFICIAL BREATH TEST

    • This test is usually given at the police station. However, in the case of road blocks, they may be given in a van. Prior to testing, the officer reads you the Implied Consent Law. This means that if you refuse this test, you will lose your driver's license for one year. Missouri state law allows an officer to request up to two tests. Some extreme facts may make it advantageous to refuse the breath test, such as a death in an accident, severe personal injury, prior DWIs or severe intoxication. 

    5. DO CONTACT A LAWYER

    • In Missouri, you have twenty minutes to telephone an attorney prior to testing. Your rights are on the line -- jail, fines, insurance costs, and expensive treatment now confront you.

    YOU NEED A STRONG DEFENSE. 

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