Drunk driving and a license suspension in Missouri

Missouri drivers who are arrested for drunk driving and have a blood alcohol content of 0.08% or higher or who refuse to take a blood, breath or urine test will have their license suspended. The arresting officer will confiscate their license and give them a Notice of Suspension/Revocation (administrative license suspension notice).

The Notice of Suspension or Revocation or administrative license suspension notifies the driver that they will not be able to legally driver 15 days from the date of the drunk driving arrest. Drivers are allowed to request an administrative hearing, and drivers may continue to operate their motorized vehicle  for 15 days after the administrative hearing decision is mailed to them.

Requesting an Administrative Hearing after a Missouri Drunk Driving Arrest

 

After the driver has been issued the administrative license suspension they must make a written request to the Missouri Department of Revenue, General Counsel’s Office, P.O. Box 475, Jefferson City, MO 65105-0475.

Drivers may request an Administrative Hearing in person or via telephone. Drivers are allowed to hire a drunk driving lawyer to assist with the Administrative Hearing. Drivers who do not request the Administrative Hearing within 15 days from the date of the drunk driving arrest will not have an administrative license hearing and no further appeals can be made regarding drunk driving administrative penalties in Missouri.

Administrative Hearing Process in Missouri

 

The Missouri Administrative Hearing is conducted by a hearing examiner who is considered both the prosecutor and the judge. Drivers may have a DUI lawyer present. The hearing examiner will review the following:

  • Is there probable cause to suggest the driver was intoxicated?
  • Was the driver’s  blood alcohol content above the legal limit of 0.08% or higher for an adult and 0.2% for a minor?

Drivers have the right to subpoena the arresting officer if they want them to appear at the administrative hearing. The records of the drunk driving arrest, however, including the testimony of the arresting officer, may be sufficient to prove the two points listed above.

Administrative License suspension and penalties in Missouri

 

Drivers who have not been arrested or convicted for DUI in the past 5 years and who have the administrative license suspension upheld will have their license suspended for 30 days. A 60 day period of restricted driving privileges will follow the administrative license suspension.

Drivers who have their license suspended may have them reinstated after the suspension period has passed but they must meet certain requirements prior to reinstatement.

To reinstate a Missouri driver’s license drivers must do the following:

 

  1. A completion form for the Substance Abuse Traffic Offender Program (SATOP). Contact the Division of Alcohol and Drug Abuse at 573-522-4020 for questions.
  2. Pay the reinstatement fee of $45. Payment must be made to the Missouri Department of Revenue. Drivers should include their full name, address, date of birth, and driver license number on their reinstatement payments.
  3. Proof of financial responsibility for 2 years from the date the license revocation or suspension was initiated. Contact your insurance company for more information about SR-22 insurance.
  4. Installation of an ignition interlock device. This is only required if you have more than one conviction or test refusal on your record. The ignition interlock device must be kept on your motorized vehicle for 6 months following your reinstatement. The Missouri Department of Transportation must also certify the installation.

Keep in mind, administrative license penalties are separate from drunk driving penalties assessed in Missouri if a driver is convicted of a Missouri drunk driving charge.

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Beth

Beth L. is a content developer for LeadRival, a cutting edge company that helps connect DUI lawyers with DUI clients. Beth L. writes about a variety of DUI topics to help drivers who have been arrested for DUI, getting them the legal help they need.

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