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DWI and Your Driver’s License: Administrative Suspensions and Revocations

 If you are charged with an DWI in Missouri, you have only fifteen days to act in order to avoid a suspension or revocation of your driver’s license. If you blow over the legal limit of .08, you have only fifteen days to request an administrative hearing to fight your suspension of revocation. If you request hearing within day of your DWI arrest, your lawyer can argue against a suspension or revocation and potentially help you keep your license.

A first offense administrative alcohol violation may result in a ninety-day suspension. After the first thirty days, you can become eligible for a Restricted Driving Privilege which will allow you to prepare for full reinstatement after ninety days.  If you get second offense within five years, the result is a one-year suspension. In many cases, drivers can qualify for a Limited Driving Privilege, sometimes called a hardship license, to allow drivers to get to work and cover their essential needs in getting around. However, these suspensions and revocations can be defeated in some circumstances. 

Refusal Cases

If you refuse a breath or blood test, your license is revoked for one year unless you file a lawsuit against the Missouri Department of Revenue to stop the revocation. You only get a fifteen-day temporary driving privilege in the meantime. Within that fifteen-day window, your lawyer can file a lawsuit and request a “Stay Order,” signed by a judge, that will allow you to continue driving. Your Stay Order will remain in effect until the challenge to your Driver’s License Revocation case is heard by a judge.

Implied Consent Law

 You probably did not know this, but when you get your Missouri Driver’s License, you agreed to submit to submit to a blood, breath or urine test if you are suspected of driving while intoxicated. That’s correct. The law says that you already said “yes” to a breathalyzer test as a condition of receiving your driver’s license.

Navigating the driver's license complications that come with a DWI are just one of the many reasons why it is always a smart choice to contact an attorney when you are facing a DWI charge and a potential driver's license suspension or revocation. 

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