What Is an Administrative Alcohol Suspension, and How Can I Fight It? An Administrative Alcohol Suspension is a penalty imposed by the Missouri Department of Revenue when a driver is arrested for DUI or DWI. This suspension occurs independently of any criminal charges and is triggered by either failing a chemical test (breath, blood, or urine) or refusing to take the test altogether.
If you’re facing such a suspension stemming from a DWI/DUI arrest, call the expert defense attorneys at Combs Waterkotte immediately at (314) 900-HELP or contact us online for a free, no-strings-attached consultation.
What is an Administrative Alcohol Suspension?
When you’re stopped or arrested with probable cause that you were driving a vehicle with a blood alcohol level over the legal limit of .08%, there are two separate sections of Missouri law that govern the arrest and suspension or revocation of your driving privilege:
- Criminal Law: This deals with the ticket issued. If you are convicted of an alcohol offense, the court sends a copy of the conviction to the department, and the proper points are assessed to your driver record. Due to the point assessment, your driving privilege may be suspended or revoked.
- Administrative Law: This law imposes a separate suspension or revocation of your driving privilege if your BAC is over the legal limit, or if you refuse the BAC test(s). This is an automatic suspension or revocation, even if the ticket was disposed of in court or reduced to a lesser charge.
How Can I Fight an Administrative Alcohol Suspension?
To contest an Administrative Alcohol Suspension, you need to act quickly:
- Hire an Experienced DWI/DUI Attorney:
Trying to “wing it” through an administrative suspension alone can be complex, and having a knowledgeable lawyer on your side is crucial. The Combs Waterkotte DWI/DUI attorneys can help you gather evidence, take advantage of a large network of experts for testimonies, represent you at the hearing, and make sure your rights are protected. Give them a call now at (314) 900-HELP or reach out online to discuss the specifics of your case with a skilled lawyer. - Request an Administrative Hearing:
After receiving a notice of suspension, you only have 15 days to request a hearing. This request is essential as it lets you challenge the suspension before it takes effect. The hearing is conducted by the DOR, where you and your attorney can present evidence and arguments as to why your driving privileges should not be suspended. - File for a Stay of Suspension:
In some cases, your lawyer may file for a stay, which temporarily halts the suspension until the hearing process is complete. - Grounds for Fighting the Suspension:
There are a few ways your attorney can fight an Administrative Alcohol Suspension, including:- Challenging the Arrest: You can argue that law enforcement lacked reasonable grounds or probable cause to believe you were driving under the influence.
- Refusal Case: If you refused a breathalyzer or blood/urine test, you could argue that your refusal was not willful or that you were not properly informed of the consequences.
- Testing Procedures: You can challenge the validity of the chemical test results, citing improper testing procedures, faulty equipment, a broken chain of custody, or mishandling of samples.
Call the DWI/DUI attorneys at Combs Waterkotte as soon as possible at (314) 900-HELP or contact us online for a free, confidential case review.
