Missouri DWI Administrative Law

15 Days! NOW is the Time to Act!

That’s how long you have from the day you were arrested for DWI or DUI in Missouri to request an administrative hearing or many of your rights will be lost and your license suspended or revoked if either you:

  1. Refused
Read the rest

Administrative Alcohol Cicuit Court Trial De Novo

If the suspension or revocation is upheld at the administrative hearing by the administrative hearing examiner, the driver may petition the Circuit Court in the County of the arreast for further review. The suspension or revocation still is imposed even … Read the rest

Administrative Sanctions Separate from Criminal Penalties

A person arrested for driving with a blood alcohol content (BAC) 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 … Read the rest

Blood Alcohol Impairment Charge

 

Males

APPROXIMATE BLOOD ALCOHOL PERCENTAGE
DRINKS*
BODY WEIGHT IN POUNDS
EFFECT ON PERSON
100 120 140 160 180 200 220 240
0
.00 .00 .00 .00 .00 .00 .00 .00
ONLY SAFE DRIVING LIMIT
1
.04 .03 .03 .02
Read the rest

Driver License Reinstatement

Once the driver has served the period of license suspension or revocation, the driver is eligible for reinstatement and the driver’s license may be reinstated once all other requirements have been fulfilled.may be reinstated.

The reinstatement requirements are:

  1. Pay a
Read the rest

Drug recognition expert not required for probable cause to arrest

The recent decision in Hill vs Department of Revune WD 76689, delves into the issue of probable cause to believe a driver is intoxicated or in a drugged condition.

The driver, Hill, was observed by the officer driving erratically. Officer Read the rest

Missouri Administrative Alcohol License Suspension

If the administrative alcohol license suspension or license revocation action is upheld by the administrative hearing examiner, the driver ‘s license is suspended or revoked depending on the driver’s five-year driver record. If the driver has been convicted or suspended … Read the rest

Missouri DWI Administrative Alcohol Arrest Information

“I Blew .08% or More” (.02% or More if a Minor)

15 Day Permit
Administrative Hearing
License Suspension
License Revocation
Trial De Novo
License Reinstatement

Separate and apart from the criminal charges that may arise out of being arrested for … Read the rest

Missouri DWI Administrative Law Summary

Blow over the Legal Limit? Refuse to Blow?
Administrative Sanctions: Driver license suspension and revocation; SATOP and SR-22.

Separate and apart from the criminal charges that may arise out of being arrested for Driving While Intoxicated (DWI) or DUI (Driving … Read the rest

Missouri Statututory References

Statutory References: RSMO §§ 302.500 – 302.540

302.500. Definitions.

302.505. Determination by department to suspend or revoke license, when made basis–final, when.

302.510. Arresting officer, duties–certain arrests not to be basis for
administrative suspension or revocation.

302.515.Read the rest

New ignition interlock requirements for Missouri DWI offenders

The Missouri Lawmakers government passed a law last July heavily revising Missouri Statute 302.060 and now requiring stricter ignition interlock standards for DWI offenders. This law goes into effect in October of 2013.

Under current law those serving 5 0r … Read the rest

Points for DWI

Point system–assessment for violation–assessment of points. RSMo §302.302.

Eight (8) points is assessed against a person’s Driver License for a first conviction for excessive blood alcohol content (BAC), driving while intoxicated (DWI), or for driving under the influence of drugs … Read the rest

Refused to blow

If you refused to blow, your license automatically will be revoked if you don’t act quickly. You need a talk to a Missouri DWI lawyer now to preserve your rights.

“Refused to Blow”
Missouri’s Implied Consent Law

15 Day Permit… Read the rest

Reinstatement

For a driver’s license to be reinstated, Department of Revenue rules requires a driver whose license has been suspended or revoked to do the follow three (3) things:

  • Complete an approved SATOP (State Alcohol Traffic Offenders Program)
  • File a Form
Read the rest

Suspension / Revocation

Administrative sanctions for driving while intoxicated include the suspension and revocation of driving privileges.

Missouri law provides that the Department of Revenue Driver License Bureau shall suspend or revoke the driver license of any driver who is arrested upon probable … Read the rest

The Administrative Hearing Process

A Classic Example of the Fox Guarding the Henhouse?

The driver (or an attorney representing the driver) has 15 days from the date of the arrest to file with the Department of Revenue a written request for an administrative hearing. … Read the rest

What the Officer Sends to the Department of Revenue

The arresting officer completes and sends information to the Department of Revenue, including the following.

  1. Alcohol Influence Report form (AIR).
  2. Missouri Uniform Complaint and Summons, or warrant, if applicable.
  3. Notice of Suspension/Revocation of Driving Privilege and Temporary 15-Day Driving Permit
Read the rest