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Traffic Law

Missouri DWI/DUI/BAC Administrative Alcohol Law | Refusal to Blow Driver License Revocation

Missouri law provides that the Department of Revenue Driver License Bureau shall revoke for one year the Missouri driver license (or the Missouri driving privileges of an out-of-state driver) of any driver who is arrested or stopped with reasonable grounds (probable cause) to believe that the driver’s blood alcohol content (BAC) is at least .08% by weight for adults or .02% by weight for minors.

The one year driver license revocation for the “refusal to blow” is referred to by the Missouri Department of Revenue as a “Chemical Refusal Revocation” because it is based on the driver’s refusal to submit to a chemical test of the driver’s blood alcohol level as required by Missouri’s Implied Consent Law.

When a driver “refuses to blow” as required by Missouri’s Implied Consent Law, the officer, on behalf of the Missouri Department of Revenue Driver License Bureau, issues the driver a notice of license revocation (also is called a notice of refusal). The officer personally serves the notice of refusal on the driver using a Dept. of Revenue Driver License Bureau *Form 4323*:

*Refusal to Submit to Alcohol/Drug Chemical Test*
*Notice of Revocation of Your Driving Privilege*
*15 day Permit*

If the driver holds a Missouri driver license (and has it with them), the officer will take possession of their Missouri driver license. The from 4323 also contains a temporary 15-day driving permit and also notifies the driver of their right to file a petition for review to contest the driver license revocation.

A petition for review is a lawsuit against the Department of Revenue challenging the revocation. The petition for review is filed in the Circuit Court for the Missouri county in which the driver was arrested and the Form 4323 issued and served on the driver.

If a petition for review is not filed within 30 days from the date of the notice of refusal, the 1-year revocation of the driver’s license goes into effect.