I'm often asked about refusing a breathalyzer test. The truth is refusing a breathalyzer test is probably a good idea from a legal perspective if you know you're going to fail anyway. However, if you'll pass it, you should take it. Refusing to take the test will result in you being arrested by the police and charged with a crime. At a trial the officer will testify that you refused to take the breath test and the prosecutor will get to draw the inference that the reasonable explanation for your refusal was that you knew you would have failed the test.
Refusing a test also results in a revocation of your drivers' license. This can be challenged and is normally avoided or mitigated in the final disposition. But, it requires suing the State of Missouri and in some cases a hearing as to whether or not you knowingly refused the test. The full ramifications for refusing a test are in RSMo. Sec. 302.750.
Best Advice: If you're not going to pass a breatalyzer test - - - Don't Drive! or don't test. If you'll pass, by all means take the test and prove it.
