If you have been arrested or charged with Driving While Intoxicated (DWI) in Missouri, you have 15 days to request an administrative hearing to stop the suspension of your driver’s license. If this deadline is not met, your license can automatically become suspended for 90 days to 1 year or more.

This is true any time that the results of a breathalyzer test indicate that you operated a vehicle with a Blood Alcohol Content (BAC) of .08% or higher. Refusal to take a breath test can potentially result in even bigger problems for your driving privileges. In either case, it is extremely important to have a knowledgeable and experienced DWI attorney on your side.

A Missouri DWI charge carries both criminal and civil penalties meaning that your license can be suspended even if you are not convicted of a DWI.

The administrative driver’s license hearing and the criminal case in court are two separate actions and neither one has any bearing on the other.

At Traffic Law Central of Bukaty Law Offices, P.A., we have represented hundreds of drivers charged with DWI. In every case we aggressively fight to save your license or to get you a Hardship License.

Don’t Lose Your Driving Privileges

• First Time Failure of a Breath Test

Driving privileges can be suspended for 90 days although it can be possible to obtain a “Restricted Driving Privilege” after the first 30 days of the suspension period. SR-22 coverage  will be required as a condition of qualifying for the restricted driving privilege. After the remaining 60 days, the license can be eligible for full reinstatement if the SATOP class (Missouri’s alcohol education program) is completed and a reinstatement fee is paid.

• Second and Subsequent Failures of a Breath Test

Driving privileges can be suspended for one year or more depending upon the number of previous alcohol-related convictions or administrative license suspensions. In certain circumstances, it may be possible to obtain a Hardship License.

• If You Refuse a Breath Test

Refusal to take a breath test can result in driving privileges being revoked for one year or more. If it is a first-time breath test refusal, it is generally possible to obtain a hardship license after the first 90 days of the revocation period.

• “Zero-Tolerance” Law for Minors

Missouri’s Zero-Tolerance Law makes it illegal for a person under the age of 21 to operate a vehicle with a blood alcohol content (BAC) of .02% or more. Driving privileges can be suspended for 30 days followed by a restricted driving period of 60 days. The suspension period can run longer if there have been prior alcohol-related occurrences. In addition, the charge of Minor In Possession (MIP) can also result in suspension of driving privileges.

• Special Issues for Commercial Drivers

In Missouri, it is illegal for any person who is the holder of a Commercial Driver’s License (CDL) to operate a vehicle with a blood alcohol content (BAC) of .04% or greater. This can apply even if the CDL holder is arrested for DWI while driving a non-commercial vehicle. Commercial driving privileges can be suspended for one year for a first-time alcohol-related contact (including either a breath test failure, breath test refusal or court conviction for an alcohol-related offense) and can be permanently revoked for a second occurrence.

Possible Suspension Penalties

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