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« What is DefendDWI.com? | Main | I just made a mistake, why am I being treated like a criminal? »

What can happen to my license if I'm arrested for DWI?

When a person is arrested for DWI or DUI in Missouri, several things can happen concerning the person's driver's license.  Missouri law provides that a driver arrested for Driving While Intoxicated is required as a condition of operating a motor vehicle on the public highways to submit to a test of their Blood Alcohol Content (BAC) upon reasonable request of a law enforcement officer (Missouri's Implied Consent Law).  Failing the test or refusing the test both result in a loss of driving privileges.

Administrative Alcohol Suspensions

If the arrested person takes a Blood Alcohol Content Test (BAC Test) and the result is over .08% (Missouri's legal limit) then the arresting officer will usually immediately seize the driver's license and issue a Notice of Suspension. 

Please note that in my experience the officer usually doesn't tell the person that they have just been served a Notice of Suspension.  Normally the officer only says that the license is suspended and while giving the arrestee the Notice of Suspension tells them that it is a 15 day driving permit before their suspension becomes active.  I don't know if this is an intentional attempt on the part of law enforcement officers to deceive people about their rights or not, but the practical effect is if people don't read this "driving permit" they will never realize that at the moment the officer gives them that piece of paper, the clock starts running on their right to challenge that suspension. 

This suspension is called an Administrative Alcohol Suspension and, if a request is timely filed, is subject to review by and Administrative Law Judge.  While the threshold the State has to meet for the suspension to remain in effect is very low (mere preponderance of the evidence), it is in almost all cases best to request the hearing as there is nothing to lose by having the hearing.  This suspension lasts for 90 days.  Limited Driving Privileges are available automatically for the last 60 days of the suspension with a timely filed SR-22 certificate of insurance.  Full reinstatement is automatic after completion of SATOP (Substance Abuse Traffic Offender Program), SR-22 filing, and payment of $45 reinstatement fee.

Chemical Refusal Revocations

If the arrestee refuses to submit to a BAC Test, then the arresting officer will still seize the driver's license and issue a Notice of Revocation.  The same warning applies: usually the officer is vague as to what is actually happening and the accused is usually left with the impression that their license has been revoked with no recourse.  The revocation for refusal to submit to a B.A.C. Test is for one year. 

This "Chemical Revocation" is reviewable by the Circuit Court in the jurisdiction of arrest upon timely filing of a petition by the arrestee.  Once again while the threshold the State has to meet for the revocation to remain in effect is low, a challenge should be filed in order to preserve the rights of the accused. 

A driver revoked for refusal to submit to a chemical test is generally eligible for hardship driving privileges upon application and SR-22 filing after the first 90 days of the revocation.  Upon completion of SATOP, SR-22 filing, and payment of reinstatement fees, the driver is eligible to re-test to restore driving privileges.

Loss of Driving Privileges Resulting from Convictions

First convictions for Driving While Intoxicated or Driving With Excessive Blood Alcohol Content result in eight points on a Missouri Driving Record as set forth in Missouri Statutes, RSMo. §302.302.  In Missouri, a point suspension results when 8 points are acquired within 18 months.  A second or subsequent conviction for DWI or BAC results in 12 points applied to the driving record.  Again, according to RSMo. §302.302 accumulation of 12 points in 24 months results in a one year revocation of driving privileges.

Reinstatement from suspension or revocation requires SR-22 filing, completion of SATOP, payment of reinstatement fees and in the case of revocation, re-testing.  If a point suspension or revocation results from the same incident (stop or arrest) that also resulted in an Administrative Alcohol Suspension or Revocation for Refusal to Submit to a Chemical Test, then the two suspensions will run concurrently (at the same time) and no additional loss of driving privilege will result from the later of the two suspensions/revocations to occur.  The State of Missouri does however require reinstatement fees to be paid for both.

Posted by Will Worsham |

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Help! I got a DWI!

  • 1. Don't Panic.
    People get arrested for DWI all the time. It's not the end of the world. Take a Deep Breath and realize that this is a problem that can be handled. You will get through this.
  • 2. Gather all your paperwork
    You probably received quite a bit of paperwork. Get it all together and keep it that way. Your lawyer will want to review it and some of it contains specific information related to your driving privileges.
  • 3. Act Quickly
    In order to preserve your rights it is important to get a lawyer working on your case immediately. You can begin to lose your opportunity to challenge aspects of your case in as little as 15 days.
  • 4. Hire a lawyer
    By using our online submission form, you can quickly and easily hire Will Worsham and his staff of trained paralegals to begin work on your case. Our site is secure and your personal information is protected.

What to do if stopped for DWI.

  • 1. Be Polite and Respectful
    The officer is just doing his or her job. There is no reason to be rude or disrespectful and it will definitely NOT help your case to be unkind.
  • 2. Do NOT Answer Questions.
    The officer will likely ask you if you have been drinking, where you have been, how much you've had to drink, etc. You have a Constitutional right not to answer these questions - - so don't. Politely tell the officer that you intend to exercise your constitutional rights not to answer questions.
  • 3. Ask if you are free to leave.
    If the officer tells you that you are not free to leave then any further questioning may result in a custodial interrogation invoking additional constitutional protections of your rights. You should politely inquire as to the officer's reason for stopping you and respectfully ask him or her to write you your ticket so that you can be on your way.
  • 4. DO provide your license and proof of insurance
    Always keep these items where you can quickly and easily locate them. Even completely sober people can sometimes fumble and search for proof of insurance that they stowed in their car months ago, but officers and prosecutors often make much of a person's inability to quickly locate these items.
  • 5. DO NOT perform Field Sobriety Tests
    There is no requirement that you perform Field Sobriety Tests. These tests include the Horizontal Gaze Nystagmus Test (eye test), Walk & Turn Test and One Leg Stand Test. Officers also routinely ask suspects to recite the alphabet without singing, count a specific series of numbers, touch fingertips or other tests. Just Say No.
  • 6. DO NOT take the Portable Breath Test (PBT)
    Many officers in Missouri now carry in their patrol cars what is known as a Portable Breath Test or PBT. While the result of this test cannot be used in court to support a conviction for DWI, it can be used to established probable cause to arrest. You are not required to take this test.
  • 7. Expect To Be Arrested
    At this point, although the officer has little if any evidence of intoxication (unless you are slobbering drunk and falling all over yourself in which case you REALLY SHOULDN'T BE DRIVING!) the officer is probably very frustrated that you have excercised your rights and will usually arrest you out of spite. Go along quietly -- he or she has every right to do so.
  • 8. Make An Informed Decision about the BAC Test.
    Once arrested and at the station you will be given the opportunity to submit to the official BAC test pursuant to Missouri's Implied Consent Law. Understand that by refusing to take the test, your license will be revoked for a year. However, taking the test will give the officer crucial evidence in proving a DWI case against you. The choice is yours and it is a difficult one. Without a test of Blood Alcohol Content and absent other evidence of intoxication, it is often difficult for the prosecution to prove their case in court when defended by an experienced DWI Trial attorney.