A person arrested for driving with a blood alcohol content of .08 percent or higher is processed administratively as well as criminally. Minors arrested or stopped with .020% or more blood alcohol content are also subject to the administrative sanctions under Abuse and Lose laws.
As part of the arrest, the officer completes and sends information relating to the arrest to the Department of Revenue, confiscates the driver's Missouri Driver's License, provides the driver with a Notice of Suspension/Revocation of Driving Privileges, and issues them a temporary 15-Day Driving Permit (this will only be issued if the individual's license is taken).
The driver has 15 days from the date their Notice of Suspension/Revocation is issued to request an administrative hearing. If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final. If requested, a hearing is scheduled by the Department of Revenue in the county of arrest or may be held by telephone. In most cases, the administrative records are sufficient to serve as the arresting officer's testimony during the administrative hearing. In some instances, however, the arresting officer may be subpoenaed to appear.
If the action is upheld, the driver license is suspended or revoked based on the prior five-year driver record. If convicted or suspended during the past five years for an alcohol-related law enforcement contact, the person is revoked for one year, and if not, a 30-day suspension is imposed. The 30-day suspension is followed by a 60-day restricted driving privilege. The effective date of the suspension or revocation is 15 days after the final order of the hearing officer is mailed from the Department of Revenue.
If the suspension/revocation is upheld at the administrative hearing, the individual can petition the circuit court for further review. The suspension or revocation is still imposed even though a circuit court review is pending. If the court upholds the arrest, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the suspension or revocation is canceled and the license is returned, if applicable.
The law office of Holder Susan Slusher Oxenhandler, LLC offers experience and expertise when defending against DWI charges in Missouri. Contact us today at (573) 355-9270 to schedule your free consultation and case review. Failure to do so may result in an unnecessary suspension of your Missouri Driving Privileges.
