Your license after a DWI arrest in Missouri
This is the case that moves first. It runs at Missouri Department of Revenue, Driver License Bureau, not at the court, and it is decided on a different question from whether you are guilty of anything.
calendar days to
request a hearing
Counted from the date you were served notice. Those are not always the same day.
The suspension or revocation takes effect automatically at the end of the fifteen-day period. Requesting the hearing in time stays that effective date until a final order issues after the hearing.
Secs. 302.520, 302.525, 302.530 RSMo
Requesting the hearing is the step with a hard deadline and no second chance. It is also the step most people hand to a lawyer, because it is usually the first thing one does for you.
DWI lawyers in MissouriThe license actions that can follow one arrest
THREE SEPARATE LICENSE ACTIONS can follow a single arrest: (1) the administrative suspension under Secs. 302.500 to 302.540, which begins immediately and runs on the fifteen-day clock; (2) a conviction-based suspension applied by the Department of Revenue once a court conviction is reported, which agency guidance puts at ninety days for a first DWI or BAC conviction; and (3) a one-year revocation under Sec. 577.041 where chemical testing was refused. Sec. 302.525.4 provides that where both a suspension under that section and a conviction-based action arise from the same occurrence, the administrative period is credited against the other and the total does not exceed the longer of the two.
They are separate proceedings. Resolving one does not automatically resolve another.
Restricted driving and interlock
These are choices, not just penalties. Where one applies, filing the paperwork can change what happens to your driving rather than only adding to it, and most people do not know they can elect it.
Restricted driving privilege after an administrative suspension
Restricted driving privilege
Sec. 302.525.2 RSMo
- Lasts
- 3 months
- Where
- Statewide
Read the full requirementHide the full requirement
Where the driving record shows no prior alcohol-related enforcement contacts in the immediately preceding five years, the suspension runs thirty days followed by sixty days of restricted driving privilege requiring a functioning certified ignition interlock device, and proof of financial responsibility under chapter 303 must be filed first. Alternatively, filing proof that every vehicle operated is fitted with a certified interlock removes the suspension entirely and substitutes a ninety-day restricted privilege; a confirmed reading above the setpoint, or tampering, during that period adds a further thirty days. Where the record shows one or more prior alcohol-related enforcement contacts in the preceding five years, the period is a one-year revocation instead.
Ignition interlock on reinstatement
Restricted driving privilege
Sec. 302.525.5 RSMo
- Lasts
- 6 months
- Where
- Statewide
Read the full requirementHide the full requirement
Where a license was revoked, or suspended with one or more prior alcohol-related enforcement contacts, or where the blood alcohol content was fifteen-hundredths of one percent or more, or where the person caused property damage or personal injury, proof of a functioning certified interlock on every vehicle operated is a condition of reinstatement. It must be maintained for at least six months from reinstatement. A confirmed reading above the setpoint, or tampering, in the final three months extends the requirement until three consecutive clean months are completed. Failing to maintain proof suspends or revokes the license again and is itself a class A misdemeanor.
Hardship driving privilege after a refusal revocation
Restricted driving privilege
Secs. 577.041, 302.309 RSMo
- Lasts
- 1 year
- Where
- Statewide
Read the full requirementHide the full requirement
Refusing chemical testing carries a one-year revocation of driving privilege. After the first ninety days a driver may apply, at a judge's discretion, for a hardship privilege covering the remainder of the year for work, school, treatment, transporting children, banking, groceries and medical care. A driver with a prior refusal on record who refuses again faces the same one-year revocation but is NOT eligible for a hardship privilege.
What to do this week
- 01
Find the notice you were given
It is usually the document that starts this clock, and it often doubles as a temporary permit.
- 02
Work out the date
Count 15 calendar days from the date you were served notice. Put a reminder several days before it falls, not on the day.
- 03
Request the hearing
It goes to Missouri Department of Revenue, Driver License Bureau, by Detachable request form supplied with the notice of suspension or revocation. Sign it and mail it to the department. A request that is received by OR POSTMARKED TO the department within the fifteen-day period is timely.. Missing it ends the matter without anyone reviewing it.