Separate and apart from the criminal charges that may arise out of being arrested for Driving While Intoxicated (DWI) or Driving under the Influence (DUI), a person arrested in Missouri for DWI or DUI also may be subject to administrative sanctions by the Missouri
Department of Revenue Driver License Bureau, which sanction may include driver license suspension and license revocation. If a driver's blood alcohol concentration (BAC) was tested and BAC of the driver's blood, breath, or urine was .08% or higher by weight (.02% or higher if you were under 21 years old), the driver's license may be suspended or revoked.
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Missouri Administrative Alcohol Arrest Information Page
Table of Contents
- 15 Days ! The Time to Act is Now!
- What the Officer Sends to the Department of Revenue
- The Administrative Hearing Process
- Missouri Administrative Alcohol License Suspension
- MIssouri Administrative Alcohol License Revocation
- Administrative Alcohol Cicuit Court Trial De Novo
- Driver License Reinstatement
- Missouri Statututory References
Missouri Administrative Alcohol Arrest Information
NOW is the Time to Act!
15 Days!
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 to submit to a breath, blood, or urine test of your alcohol concentration after you were arrested upon reasonable suspicion of driving while intoxicated (DWI) or driving under the influence of drugs (DUI); or
2. Your blood alcohol concentration (BAC) was tested and the alcohol concentration in your blood, breath, or urine was .08% or higher by weight (.02% or higher if you were under 21 years old). We can help! CLICK HERE now.
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 cause to believe that the driver's blood alcohol concentration (BAC) is at least .08% for adults or .02% for minors or any other driver regardless of age who broke a traffic law (RSMo § 302.505).
If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final.
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 the administrative sanctions under RSMo § 302.500 through RSMo § 302.540.
What the Officer Sends to the Department of Revenue
The arresting officer completes and sends information to the Department of Revenue, including the following.- Alcohol Influence Report form (AIR).
- Missouri Uniform Complaint and Summons, or warrant, if applicable.
- Notice of Suspension/Revocation of Driving Privilege and Temporary 15-Day Driving Permit (this will only be issued if the individual's license is taken).
- Missouri Driver License, if taken from the driver.
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. The form must be completed, mailed (and postmarked) within 15 days of the arrest. If the administrative hearing request form is not completed, mailed, and postmarked in the prescribed time, the driver's right to an administrative hearing is waived and the suspension or revocation goes into effect.
If an administrative hearing is properly requested in a timely manner, the Department of Revenue schedules the administrative hearing in the County of the arrest (or by telephone, if requested). The hearing is conducted by a hearing examiner, a lawyer / employee of the Department of Revenue, who acts both as the prosecutor and judge.
The only two issues at the hearing are whether it is more probably true than not true that 1) there was probable cause to believe the driver was driving a motor vehicle while in an intoxicated condition; and 2) whether the driver's BAC was above the legal limit (.08% for adults, .02% for minors).
In most cases, the hearing examiner deems the administrative records sufficient to serve as the arresting officer's testimony during the administrative hearing and does not require the officer's in appearance in person. The driver, however, may subpoena the arresting office to appear in person.
Missouri Administrative Alcohol License Suspension/Revocation
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 during the past five years for an alcohol-related law enforcement contact, the driver's license is revoked for one year. If not, a 30-day suspension is imposed on the driver. The 30-day suspension is followed by a 60-day period of restricted driving privileges.The suspension or revocation becomes effective 15 days after the final order of the hearing officer is mailed from the Department of Revenue.
If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final.
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 though a circuit court review is pending.If the arrest is upheld by the court, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, the suspension or revocation is canceled and the driver's license is returned, if applicable.
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:
- Pay a $45 reinstatement fee.
- File and maintain proof of financial responsibility (SR-22 filing) for two years from the suspension or revocation date. However, proof of financial responsibility is not required for minors suspended on a first offense under the zero tolerance law.
- 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.
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. Notice of suspension or revocation by department--deemed received,
when--contents.
302.520. Arresting officer to serve notice of suspension or revocation, when--to possess license, issue temporary permit, give written notice of driver's rights and responsibilities--application for hearing.
302.525. Suspension or revocation, when effective, duration--restricted driving privilege--effect of suspension or revocation by court on
charges arising out of same occurrence.
302.530. Request for administrative review, when made--temporary permit,
duration--telephone hearings permitted, when--hearing, venue, conduct--decision, notice, final when--appeal for judicial review--rulemaking
authority.
302.535. Trial de novo, conduct, venue, what judge may hear,
when--restricted driving privilege, when, duration of.
302.536. Department to pay court costs and attorney fees, when.
302.540. Reinstatement of license--completion of substance abuse traffic
offender program a condition--individual assessment, judicial
review--fees and cost, distribution of--treatment demonstration
project may be created.