In Missouri, drinking and driving is not taken lightly. It is a serious crime that could potentially result in harm to the driver and other individuals on the road. There is a range of penalties that could come into play when an individual is facing DWI charges in Missouri. For example, a driver may face jail time, fines, or convictions on their record. Furthermore, individuals could also potentially face a driver’s license suspension.
A license suspension can have drastic consequences on an individual’s life. The team at Cole & Martin Attorneys at Law, LLC can explain what steps to take in order to remedy this situation.
What Is Administrative License Suspension?
According to Missouri law, The Department of Revenue has the right to impose a license suspension when a DWI occurs. They may decide to place restrictions after an arrest where an individual’s BAC was over the legal limit or they have refused to take chemical BAC tests.
Even if you can dismiss your ticket or obtain lesser charges, The Department of Revenue can still impose actions against your driver’s license. What do you do in these situations? Cole & Martin Attorneys at Law, LLC can explain.
Requesting an Administrative Review
If The Department of Revenue has imposed restrictions on your license, you can request an administrative review. However, there are important elements to keep in mind if you choose to do so.
Your review will not automatically take place. You have to formally request it within 15 days of your initial arrest. If you do not do so, you will lose the ability to challenge your suspension. How do you request a hearing? There are a couple of different options.
Doing It Yourself
One option that you have is to file your own hearing request. When you receive a notice of suspension, you will also be sent information in regard to requesting an administrative hearing. You will have to complete the included paperwork within 15 days from notice and mail in or fax the request.
Relying on Your Attorney
Another method is relying on your attorney to handle the administrative hearing. A Missouri DWI attorney will be familiar with the requirements and what is necessary for an administrative review. By opting for this route, you can avoid potential mistakes that could detriment your case. This is why it is paramount to contact a DWI attorney as soon as possible after an arrest.
What Are The Lengths Of Suspension?
Depending on your charges and number of offenses, there are varying lengths of suspension that you may face.
- First Offense DWI: 90-day suspension
- Second Offense DWI: 1-year revocation
- Second Offense DWI [within 5-year period]: 5-year license denial
- Third or Subsequent DWI: 10-year license denial
- Test Refusal: 1-year revocation
As you can see, a license suspension can potentially have long-term impacts on an individual.
Can I Qualify For Restricted Privileges?
For some individuals, having a driver’s license is an absolute necessity in order to maintain their career and day-to-day living. If you are facing your first DWI offense, you may petition for specific restrictions on your license that still allow you to drive:
- A 90-day interlock ignition device that limits driving privileges.
- A 30-day suspension followed by a 60-day restriction period.
Obtaining these restricted periods allow individuals to travel to work, school, or other important obligations that cannot be missed.
What Else Needs to be Done?
In addition to requesting a hearing and understanding your charges, you may need to complete additional steps in order to reinstate your license. For example, a reinstatement fee will need to be paid, with the cost depending on the nature of your offense. You will also need to demonstrate that you are insured and possibly attend a course geared towards traffic offenders.
Contact An Experienced Attorney ASAP
After a DWI, your top priority should be contacting an experienced attorney. If you are in the Springfield, Missouri area, the team at Cole & Martin Attorneys at Law, LLC is here to help.