Driver’s License : DWI – Breath Test Refusal – Reinstatement

Where a driver refused to take a breath test and offered to take a blood test because he thought the machine was not working correctly, the trial court erred in reinstating the driver’s license because the conduct constituted a refusal.

Judgment is reversed and remanded.

Vargo v. Director (MLW No. 67195/Case No. ED100756 – 5 pages) (Missouri Court of Appeals, Eastern District, Ahrens, J.) Appealed from circuit court, St. Charles County, Alberty, J. (Rachel M. Jones for appellant) (Patrick Jerome Coyne for respondent).

Read the full text of this opinion. (PDF)