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.