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Once you have received a DWI in Missouri you can expect the following to take place:
The Missouri Department of Revenue will aggressively seek to have your driving privileges either suspended or revoked altogether. This is a completely separate action from the DWI charge itself.
Here is what you can expect if you did any of the following:
- Refused a breathalyzer test
When you are asked to take a breathalyzer test the arresting officer from Missouri is required by law to read to you the Missouri Implied Consent Law. This law states that upon refusing to submit to a breathalyzer test that you are subject to a one year suspension of your driving privileges.
The officer will issue you a 15 day permit to drive at the scene after you refuse to take any blood alcohol content test. During this time it becomes very important to get in touch with a reputable and experienced DWI lawyer because you will only have a period of 30 days from the arrest date to file for a petition for the court to review the matter. This petition of review is brought forth in the form of civil lawsuit against the state; it is the best way to contest any suspension or revocation of your license.
Once the petition has been filed, the court will then issue you a stay order restoring your driving privileges until you have the legal hearing on the matter.
- Failed a breathalyzer test
If you actually failed a breathalyzer test at the scene or other subsequent chemical test you will be subject to requesting a special hearing from the state department of revenue. These type of hearings can be very tricky because it usually involves your word against a highly respected law enforcement official.
Here is what usually happens if you have been charged with a DWI and request a special hearing:
- You will be issued a 15 day driving permit.
- You or your legal representation has 15 days to request an administrative hearing with the Missouri Department of Revenue.
- Once the administrative hearing is scheduled you will then be granted full driving privileges until the hearing date.
If you lose the special hearing it will result in:
- The loss of your license for 30 days
- Payment of a reinstatement fee
- Needing to successfully complete the Substance Abuse Traffic Offender Program (SATOP)
- The need to obtain special SR-22 Insurance
With all of these hardships potentially at stake, it is definitely advisable to seek the benefits of retaining an experienced Missouri DWI lawyer.