URGENT: You must call the Arnone Law Firm, LLC, immediately if you received a DWI. You only have 15 (fifteen) days to avoid Revocation of your license.
Driving While Intoxicated (DWI)
When an individual is stopped/arrested upon probable cause that they were driving a vehicle while their blood alcohol level was over the legal limit, two separate sections of Missouri law govern the arrest and suspension/revocation of the driving privilege:
- Criminal Alcohol Law
- This law deals with the ticket that was issued. If an individual is convicted of an alcohol related offense, the court sends a copy of the conviction to the department, and the proper points are assessed to the individual’s driving record. Subsequently, an individual's driving privilege may be suspended or revoked for accumulation of points.
- Administrative Alcohol Law
- This law initiates a suspension or revocation of the driving privilege if an individual's blood alcohol content level is over the legal limit. This is an automatic suspension/revocation (unless appealed and won through the Administrative Hearing or Trial DeNovo process) even if the ticket was disposed of in court or reduced to a lesser charge.
Various Types of Alcohol Actions
Alcohol Convictions
Statutory References: 302.302, 577.010, and 577.012, RSMo
Points are added to a driver's record for an alcohol related traffic conviction.
- First conviction for excessive blood alcohol content (BAC) - 8 points
- First conviction for driving while intoxicated (DWI) or driving under the influence of drugs (DUID) - 8 points
- Second or subsequent conviction for DWI, DUID or BAC - 12 points
- Commercial motor vehicle .04% - 2 points
A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met. A person convicted of operating a commercial motor vehicle while his or her alcohol content is .04% will be assessed 2 points and disqualified from driving a commercial motor vehicle for one year.
Multiple Convictions
A driver convicted of a second alcohol offense, regardless of the length of time between convictions, is revoked for a period of one year. A driver convicted of driving while intoxicated for the second time in a five-year period also receives a five-year license denial.
A 10-year license denial is imposed against any individual convicted three or more times for driving while intoxicated, excessive blood alcohol content (BAC) or a combination of the two. After ten years, the privilege to drive can be restored only by court order.
Reinstatement
A person whose driving privilege is suspended or revoked may have his or her driving privilege reinstated after the suspension or revocation period is served if all requirements are filed with the Department of Revenue. If a driver does not satisfy the reinstatement requirements, the driving privilege remains suspended or revoked.
Anyone suspended or revoked for points assessed as a result of an alcohol-related conviction must meet the following reinstatement requirements:
- Pay a $45 reinstatement fee.
- File and maintain proof of financial responsibility for two years from the suspension or revocation date.
- Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at
Any driver revoked for at least one year is also required to take and pass the complete driver examination and apply for a new license at proper fee.
Administrative Alcohol Arrests
Statutory References: 302.500 through 302.540
A person arrested for driving with a blood alcohol content 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 section 302.500 through 302.540.
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 secured.
Hearing Process
The driver has 15 days from the date their Notice of Suspension/Revocation is issued to request an administrative hearing. If requested, a hearing is scheduled by the Department of Revenue in the county of arrest or may be held by telephone. In most cases, the administrative records are sufficient to serve as the arresting officer's testimony during the administrative hearing. In some instances, however, the arresting officer may be subpoenaed to appear.
Suspension/Revocation
If the action is upheld, the driver license is suspended or revoked based on the prior five-year driver record. If convicted or suspended during the past five years for an alcohol-related law enforcement contact, the person is revoked for one year, and if not, a 30-day suspension is imposed. The 30-day suspension is followed by a 60-day restricted driving privilege. The effective date of the suspension or revocation is 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.
If the suspension/revocation is upheld at the administrative hearing, the individual can petition the circuit court for further review. The suspension or revocation is still imposed even though a circuit court review is pending. If the court upholds the arrest, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the suspension or revocation is canceled and the license is returned, if applicable.
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.
- Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at
If revoked, the individual is required to take the complete written and driving tests before applying for a new license.
Chemical Test Refusal
Statutory Reference: 577.041
Missouri's implied consent law requires a driver to submit to a chemical test when requested by a law enforcement officer. If the driver refuses to submit to the test, the license is revoked for one year.
Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form. The arresting officer will take possession of any valid Missouri driver license the driver has in his or her possession and issue a 15-day permit, if applicable. Any continued driving beyond the initial 15-day period must be pursuant to a court issued stay order. The stay order will temporarily suspend the revocation until the case is settled.
If the court upholds the arrest, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the revocation is canceled and the license is returned, if applicable.
The reinstatement requirements are:
- Pay a $45 reinstatement fee.
- Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at
Abuse and Lose
Statutory Reference: 577.500 and 577.525
If ordered by the court, anyone under 21 years of age may have his or her driving privilege suspended for 90 days for a first offense or revoked for one year for a subsequent offense for any one of the following reasons:
- Any alcohol related traffic offense.
- Any offense involving the possession or use of alcohol while operating a motor vehicle.
- Any offense involving the possession or use of drugs.
- Any offense involving the alteration, modification or misrepresentation of a driver license.
- A second offense involving the possession or use of alcohol by someone under 18 years of age.
If ordered by the court, anyone 21 years of age or older may have his or her driving privilege revoked for one year for possession or use of drugs while driving.
- Pay a $45 reinstatement fee.
- Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at
Minor in Possession/Other Alcohol Offenses
Statutory References: 311.325 and 577.500
Conviction
Two points are added to a driver's record for a minor in possession traffic conviction. The person must have been operating a motor vehicle.
Court Ordered Suspension/Revocation
If ordered by a state court, any person more than 15 and under 21 years of age may have his or her driving privilege suspended or revoked for any one of the following reasons:
- Purchasing or attempting to purchase any intoxicating liquor.
- Possessing any intoxicating liquor.
- Being visibly intoxicated as defined in section 577.001, RSMo.
- Having a blood alcohol content level of more than .020 percent.
The first withdrawal action under the Minor in Possession/Other Alcohol Offenses law shall be for 30 days, the second withdrawal action shall be for 90 days, and the third or subsequent withdrawal action shall be for one year. The reinstatement requirements are:
- Pay a $45 reinstatement fee.
- Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at
Frequently Asked Questions?
What is Missouri's Administrative Alcohol law?
When a police officer stops you while driving and suspects you have been drinking, the officer may ask you to take some tests like walking heel to toe or standing on one leg. These tests will help the officer decide if you should be arrested and have a chemical test of your breath, blood, or urine. The result of this test is known as your Blood Alcohol Concentration (BAC) level.
If your BAC level is .08% or more (or for minors a BAC level of .020% or more), a police officer will take your license and give you a Notice of Suspension/Revocation. This notice tells you that you will not be able to legally drive (your license will be suspended or revoked) after 15 days. The notice includes a 15-day driving permit that you can get if the officer indicates this on the notice. The notice also includes a form that allows you to request a hearing. If you are given a hearing, you may continue to legally drive until 15 days after a decision is mailed to you.
How can I get my driver license back when it is suspended/revoked under the Administrative Alcohol law?
Send the following items to the Driver License Bureau, P.O. Box 200, Jefferson City, MO 65105-0200 before your suspension/revocation period ends.
- Substance Abuse Traffic Offender Program (SATOP) completion form or a comparable program completion form. The Division of Alcohol and Drug Abuse will send this form directly to us after you complete the program. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at
- $45 reinstatement fee. Money order or personal check is acceptable. Please include your full name, address, date of birth, and driver license number.
- Proof of insurance (SR-22). It must be kept for two (2) years from the starting date of your suspension/revocation. The SR-22 is not required for minors suspended/revoked for the first time testing with a blood alcohol level of .020% or more.
When will I get my driver license back?
If you have met your reinstatement requirements and are otherwise eligible, you can get your driver license back 90 days from the starting date of your suspension. We will send the license back to you with your reinstatement notice.
If your license was revoked for one year, and you have met your reinstatement requirements, you must retest and complete an application for a Missouri driver license before driving.
Can I have any type of driving privilege while I am suspended/revoked?
If you have been revoked, you are not eligible for any type of driving privilege.
If you have been suspended, you must serve the first 30 days of your suspension without driving. After the first 30 days, you may receive a 60-day Restricted Driving Permit for work, school, and to attend an alcohol education/treatment program. You do not have to apply for this permit. One may be issued to you after you file an SR-22 with our office, if you are otherwise eligible. The SR-22 is not required for minors suspended for testing .020% or more.
If you have been suspended, you also have a second option. You may apply for a Limited Driving Privilege (LDP). You must serve the first 30 days of your suspension without driving. After the first 30 days, you can apply for the LDP. The LDP can be used for work, your alcohol program, medical treatment, school, etc. A person cannot obtain an LDP to drive a commercial motor vehicle.
NOTE: Only one LDP can be given to you in a 5-year period. Therefore, if you only need to drive to and from work, school, and/or an alcohol education/treatment program, you may choose to continue driving on your restricted driving privilege instead of applying for an LDP.
Download and complete an Application for Limited Driving Privilege Form 4595. If you are eligible, a hardship license may be issued to you after you file an SR-22 with our office.
How long do I need the SR-22 insurance filing?
You need to file the SR-22 for two (2) years from the starting date of your suspension or revocation. The SR-22 is not required for minors suspended/revoked for the first time testing .020% or more.
Where do I get information about SATOP classes?
For information on SATOP classes, click here.
Will I have to retake my test?
You are required to retest upon reinstatement for an administrative alcohol revocation or upon reinstatement for an administrative alcohol suspension if your driver license expired during the suspension period and has been expired for more than six months.
How do I request a hearing?
Within 15 days from the date the Notice of Suspension/Revocation is issued to you, a written request must be received by, or postmarked to: Missouri Department of Revenue, General Counsel's Office, P.O. Box 475, Jefferson City, MO 65105-0475.
- You must indicate on the hearing request whether you want to have your hearing in-person or by telephone. If you do not request an in-person hearing, a telephone hearing will be scheduled.
- If a hearing is granted, a permit to drive will be mailed to you if you have surrendered your driver license and are eligible to drive in Missouri. The permit will allow you to drive until 15 days after the decision from the hearing is mailed to you.
- If you do not request a hearing within 15 days from the date the Notice of Suspension/Revocation is issued to you, your hearing will be denied and no further appeal is possible.
- Your hearing date and time will be mailed to you. If you have hired an attorney, please ensure you have provided the person's full name and current mailing address on your request for hearing.
What is an SR-22 insurance filing?
It is a form from your insurance company that shows your motor vehicle has liability insurance. (Sample of SR-22 form
)
Why do I need to complete a Substance Abuse Traffic Offenders Program (SATOP)? I was not convicted.
If you have an alcohol-related offense, such as an administrative alcohol suspension or revocation, on your driver record, the law requires you to complete a SATOP for reinstatement.
When will the administrative suspension or revocation come off my driver record?
Administrative suspensions and revocations are a permanent part of the record and can never be removed.
Contact Us
Direct: 816-529-0045 Fax: 816-474-1991 Email: mocrimelawyer@gmail.com
