Protect Your Missouri Driver’s License After a DWI/DUI Arrest
Protect Your License. When you blow over the legal limit – .08% blood alcohol concentration (BAC) (.02% for minors) – or refuse to blow in Missouri, the police officer takes your driver’s license and issues you a 15-day permit with instructions on how to apply for an administrative hearing. Your first order of business should be to contact the expert DWI/DUI lawyers at Combs Waterkotte.
Call right away at (314) 900-HELP or contact us online for a free, confidential consultation where you can discuss the specifics of your case with one of our skilled criminal defense attorneys. We have successfully defended over 10,000 cases in St. Louis and throughout Missouri just like yours.
Protect Your Missouri Driver’s License With the Expert DWI/DUI Attorneys at Combs Waterkotte
Your next order of business is almost as important: You must request an administrative hearing within the 15-day period or your license will automatically be suspended or revoked. A request for the hearing will automatically extend your permit until the case is over.
During an administrative hearing, two main issues will be addressed – whether the arresting officer had probable cause to arrest you and whether your BAC was above the legal limit. Having an experienced Combs Waterkotte DWI/DUI lawyer represent you at the hearing protects your rights and increases your chances at the best possible outcome. Your attorney can examine the circumstances surrounding you being pulled over for suspicion of DWI/DUI and question whether or not probable cause existed.
An administrative hearing has a burden of proof that is far less strict than in a criminal case – needing only a preponderance of the evidence, demonstrating that it is more likely true than not. The prosecution attempts to prove this by providing evidence and might include testimony from any witnesses. Arguing against including evidence or cross-examining any witnesses is precisely why hiring a knowledgeable defense attorney is so important.
The Department of Revenue schedules and rules on the hearing. If you win the hearing, you get your license back. If you lose, your license will be suspended or revoked. You can appeal the decision to the Circuit Court in the county of your arrest, although the administrative hearing will stand while the appeal is processed. A Combs Waterkotte attorney can help speed this up, having experience with circuit judges and prosecutors across the state. Give us a call now at (314) 900-HELP or reach out online.
Suspension periods for failing a breathalyzer range from 30 days to 1 year. Revocation periods for refusing the test are 1 year. Both suspensions and revocations of your driver’s license could be followed by mandatory installation of an Ignition Interlock Device (IID) for at least 6 months.
How to Get a Limited Driving Privilege (Hardship License)
If your Missouri driving privilege is suspended, revoked, or denied, but you need to drive for school, employment, or other important reasons, you may be eligible for a Limited Driving Privilege (LDP). You’ll need to have an SR-22 form on file and, if you have more than one DWI/DUI offense, you’ll need to have proof of IID installation. If granted after 30 days following your 15-day administrative hearing period, the LDP allows you to drive in certain situations, including:
- A business, occupation, or employment
- Seeking medical treatment
- Attending school or other institution of higher education
- Attending Substance Awareness Traffic Offender Program (SATOP) or other alcohol- or drug-treatment programs
- Seeking the required services of a certified IID provider
- Any other circumstance the court finds would create an undue hardship
Getting approved for a LDP is not a guarantee, by any means. Having a skilled attorney arguing on your behalf gives you a far better chance. The Combs Waterkotte DWI/DUI lawyers have over three decades of experience in license restoration cases.
Reasons you could be ineligible for a LDP include:
- You have been convicted of a felony involving a motor vehicle in the last 5 years
- You have a revocation for failure to pass a driving or medical examination as required by the Missouri Director of Revenue
- You have a suspension for failure to pay a ticket in Missouri or another state
- You have a suspension for an unsatisfied motor vehicle accident judgment
- You have a suspension that resulted from a conviction for DWI or driving with an excessive BAC. In this situation, you may be eligible for a Restricted Driving Privilege (RDP)
- You have an Administrative Alcohol Suspension. You may be eligible for a RDP.
Contact the Expert DWI/DUI Attorneys at Combs Waterkotte Right Away to Protect Your License
Your attorney’s experience is beneficial both for your administrative hearing and in arguing for a LDP. While the administrative side of a DWI/DUI is wrought with fines and other penalties, an experienced legal team can do its best to ensure you protect your license.
Call Combs Waterkotte right now at (314) 900-HELP or contact us online for a free case review.
