Tag Archives: faq

What do I need to do to get my license reinstated?

Once a driver becomes otherwise eligible for reinstatement after an administrative alcohol related suspension is imposed, the driver must meet the following requirements to be reinstated:

1. Pay a $45 reinstatement fee.

2. File and maintain proof of financial responsibility (Missouri SR-22 Filing) for two years from the suspension or revocation date. However, proof of financial responsibility is not required for those under 21 years of age suspended on a first offense under the zero tolerance law.

3. Successfully complete a Substance Abuse Traffic Offender Program (SATOP). The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed.

If revoked, the individual is required to take the complete written and driving tests before applying for a new license.

Please note that the requirements for reinstatement for a suspension on points due to pleading guilty to a DWI may be different.

Does the stop have to be lawful for the State of Missouri to suspend or revoke my license?

The Missouri Supreme Court has held that the traffic stop itself need not be lawful in order for the State of Missouri to suspend or revoke a driver’s license under the administrative suspension/revocation laws.

What happens if I refuse to blow?

When requested to take the test, the law enforcement officer will inform the person that evidence of refusal to take the test may be used against such person and that the person’s license shall be immediately revoked upon refusal to take the test. The revocation period is one (1) year.

In this event, the officer shall serve the notice of license revocation personally upon the person and shall take possession of any license to operate a motor vehicle issued by Missouri which is held by that person. The officer shall issue a temporary permit, on behalf of the director of revenue, which is valid for fifteen days and shall also give the person a notice of such person’s right to file a petition for review to contest the license revocation.

For more information, visit our Chemical Test Refusal page.

Can I talk to an attorney before I blow?

If a person when requested to submit to any test allowed pursuant to the Missouri Implied Consent Law requests to speak to an attorney, the person shall be granted 20 minutes in which to attempt to contact an attorney. The officer is only required to provide you with a phone book.

If upon the completion of the twenty-minute period the person continues to refuse to submit to any test, it shall be deemed a refusal to take the test.

Do I have to blow?

Any person who operates a motor vehicle within Missouri shall be deemed to have given consent to a chemical test or tests of the person’s breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person’s blood in any of the following circumstances:

1. If the person is arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition; or

2. If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or a readily apparent serious physical injury, and has been arrested for the violation of any state law or county or municipal ordinance with the exception of equipment violations; or

3. If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality

4. If the person is under 21 years old, has been stopped by a law enforcement officer (including at a roadblock or sobriety checkpoint), and the law enforcement officer has reasonable grounds to believe that such person was driving a motor vehicle with a blood alcohol content of .02% or more by weight.

Visit our Chemical Test Refusal Page for more information.