So you’ve received a DWI…
When you are arrested for driving while intoxicated (DWI) the Missouri Department of Revenue will generally take affirmative steps to suspend or revoke your driving privileges. The suspension/revocation process is completely separate from the DWI charge. Here’s what you can expect to occur with your drivers license.
If you refused a breathalyzer
When you are asked to take a breathalyzer or other chemical test, the police are required to read you the Missouri Implied Consent Law. The law requires the police officer to tell you your refusal to take the breathalyzer will result in a one (1) year suspension of your driver’s license. The DWI lawyers at Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos, LLP are experienced at challenging the refusal to avoid the one (1) year suspension of their client’s driver’s license.
If you refused to take a breathalyzer or submit to other chemical testing, the police officer will issue you a 15 day permit to drive. It is extremely important to contact a DWI lawyer immediately because you only have 30 days from the date of your arrest to file a Petition for Review with the court. A Petition for Review is a civil lawsuit filed against the State of Missouri that contests the suspension/revocation of your driver’s license.
In most cases, once the Petition for Review is filed, you will receive a “Stay Order,” which is a court order preventing the Missouri Department of Revenue from suspending or revoking your license until you have a hearing on the issues raised by your DWI attorney.
Concerned about insurance after a DWI?
This might also be eye opening, but cases that involve the refusal to take a breathalyzer do NOT result in the requirement that you obtain SR-22 insurance. What is SR-22 insurance? SR-22 insurance is a type of high risk insurance that requires your insurance company to file proof of your financial responsibility with the State of Missouri. Usually, anyone who has their drivers license suspended or revoked has to obtain SR-22 insurance and maintain it for two years.
If you took a breathalyzer and failed….
If you fail a breathalyzer or other chemical testing and you want to keep your driver’s license you will have to request an administrative hearing from the Missouri Department of Revenue. These hearings can be highly contested because they are usually your word against the arresting officer and his police report. The following steps should provide you with a basic understanding of the process after failing a breathalyzer or other chemical testing:
- You will be issued a 15 day permit to drive that acts as a full-blown license to drive after your arrest for Driving While Intoxicated (DWI).
- Your St. Charles DWI lawyer only has 15 days from the date of arrest to start the legal process and request the administrative hearing.
If you choose to file for an Administrative Hearing (contesting the suspension/revocation of your driver’s license) a temporary driver’s license will be issued until your hearing date.
If you lose the hearing, or decide against requesting one, here’s what you can expect:
- You will lose your license for 30 days
- You are required to pay the State of Missouri a $45 License Reinstatement fee.
- You must take SATOP class (Substance Abuse Traffic Offender Program).
- After the 30 day suspension, a 60 day hardship license can be issued.
- You will be required to obtain SR-22 insurance.
We certainly do not condone drunk driving, but if you have received a DUI/DWI in St. Charles Country, St. Louis County, Lincoln County or Warren County, Missouri, it’s important to know how the process works, know the deadlines, and to also know the steps needed in order to get you to back on the right track. The lawyers at Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos, L.L.P., are experienced DWI attorneys. If you have received a DWI, please call our office at 1.888.572.2192 or 636.949.9300 and make an appointment so we may address the specific facts of your case. If you prefer you may email us at jcarmichael@niednerlaw.com or ssimpson@niednerlaw.com.