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If a cop has pulled you over, the cop typically has the right to do the following: ask for you to step outside of your vehicle for the cop's safety, place you in his car while the cops runs a check on you, make you produce your driver's license and proof of insurance and make a brief pat down of your person checking for weapons pursuant to Terry v. Ohio.  Typically, the cop does not have the right to search your vehicle prior to arrest.  DO NOT CONSENT!

It is important that you understand your rights. You have the right to remain silent and right to speak with an attorney.  If the police begin to question you, I advise you to immediately assert these rights.  Do not put your initials next to anything and do not give an oral or written statement.

In Missouri, upon an arrest for DWI and a reading of Missouri's Implied Consent Law, you also have 20 minutes to contact and talk to a lawyer about whether to submit to a chemical test of your breath, blood, saliva and/or urine. The cop can request two tests to determine your blood alcohol concentration. If you allegedly fail a test, you have a right to another test paid at your own expense if you can contact a doctor or other qualified person to draw your blood.

Should you submit to a chemical test?  If you are sober, submit to a chemical test. Generally, if you think you will blow .08 or higher, do not blow. However, if you are more concerned with your driver's license than a criminal prosecution, the decision whether to blow could depend on your history and the location of the stop.  Be aware that two refusals on your driving record will lead to a lifetime ban of hardships/limited driving privilege.  Call the hotline number at 314-922-3294 for an informed answer.

The laws on DWI change frequently and will significantly change on August 28, 2010.   It is important to speak to an attorney before deciding whether or not to submit to a chemical test.  Always be polite and respectful. 

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