1 Year License Revocation
If a driver refuses to submit to a Breath Alcohol Test (BAT) upon the request of a law enforcement officer after being arrested upon the reasonable belief that the driver was driving while intoxicated or driving under the influence of drugs, the driver’s license is revoked for 1 year.
Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form (AIR) or a Refusal Affidavit.
15 Day Permit
The arresting officer will take possession of any valid Missouri Driver License the driver has in his or her possession and issue a 15 day permit.
Petition for Review of Revocation – Stay Order
Any continued driving beyond the initial 15 day period must be pursuant to a court issued Stay Order. A formal request that a Judge enter a Stay Order may be made by an attorney for the driver when the attorney files a lawsuit on behalf of the driver against the Department of Revenue and Petitions the Court to review and overturn the revocation of the driver’s license. The Stay Order will hold the revocation in abeyance until the final disposition of the case.
If the arrest and revocation is upheld by the court, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, the revocation is canceled and the license is returned, if applicable
The reinstatement requirements are:
Pay a $45 reinstatement fee.
Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP). The Division of Alcohol and Drug Abuse will send this form directly to the Department of Revenue after the program has been completed.