A DUI/DWI charge is two cases in one; a criminal case and your license suspension case. If you refused sobriety tests, your license will automatically be suspended for one year in a Chemical Revocation. If you did submit to sobriety tests, you’ll face:
- For a first DUI/DWI offense, a 30 day license suspension followed by a 60-day restricted license
- For a second DUI/DWI offense, a 5 year license revocation, and a minimum 6 months with an ignition interlock device
- For a third DUI/DWI offense, a 10 year license revocation, and a minimum 6 months with an ignition interlock device
In either case, under Missouri Revised Statute §302.530 you are allowed to challenge the license suspension through an administrative hearing.
In Bell v. Burson, the U.S. Supreme Court ruled that, because driving is considered a “privilege” and not a right, for years there were few effective ways to challenge the suspension of someone accused of a DUI or DWI. In Bell, the Supreme Court recognized that a license’s:
continued possession may become essential in the pursuit of a livelihood… In such cases, the licenses are not to be taken away without that procedural due process required by the Fourteenth Amendment.
What Is an Administrative Hearing?
An administrative hearing is a separate legal proceeding from the criminal DUI/DWI case, designed specifically to address the status of your driving privileges following a DUI/DWI arrest. In Missouri, when you are arrested for a DUI/DWI, the Department of Revenue is authorized to automatically suspend or revoke your driver’s license. You must request the hearing within 15 days of receiving the notice of suspension or revocation. An administrative hearing provides a separate legal avenue to challenge the evidence against you, such as the validity of the traffic stop, the accuracy of sobriety tests, and procedural correctness.
The purpose of the administrative hearing is to review the circumstances surrounding your arrest and determine whether the suspension or revocation of your license is justified. This hearing focuses on the procedural and evidentiary aspects of the case, rather than the criminal guilt or innocence typically addressed in court. Key points examined during the hearing include:
- Probable Cause: Whether the arresting officer had probable cause to believe you were driving under the influence. This involves evaluating the officer’s observations and the reasons for the traffic stop.
- Compliance with Procedures: Whether the procedures followed during the arrest and testing were in accordance with legal requirements. This includes the administration of field sobriety tests, breathalyzer tests, and the handling of any chemical tests (blood, breath, urine).
- Implied Consent: Whether you were informed of and complied with Missouri’s implied consent laws, which require drivers to submit to chemical testing if lawfully arrested for a DUI/DWI.
The administrative hearing is typically less formal than a criminal trial and may be conducted in person, over the phone, or through written submissions. During the hearing, you and your DUI/DWI defense attorney will have the opportunity to present evidence, cross-examine witnesses (such as the arresting officer), and make arguments against the suspension or revocation of your license. The hearing officer will then make a determination based on the evidence and arguments presented.
Why Is Requesting an Administrative Hearing Important?
The administrative hearing directly determines whether you will retain your driving privileges. If you do not request this hearing, your license will be automatically suspended or revoked, regardless of the outcome of your criminal case. The suspension can significantly disrupt your daily life, affecting your ability to commute to work, attend school, and more. Missing the 15 day deadline means forfeiting your right to contest the suspension, leading to automatic penalties.
By requesting and preparing for an administrative hearing, you offer your DUI/DWI lawyer an opportunity to present a robust defense, potentially leading to the reversal of the suspension and retention of your driving privileges, which can make a significant difference in the overall outcome of your case and help mitigate the broader impacts of a DUI/DWI arrest on your life.
Importantly, the burden of proof in an administrative hearing is a preponderance of the evidence, which means the state only has to prove your were more likely than not to be intoxicated, rather than proving it beyond a reasonable doubt, as in your criminal case.
How Administrative Hearings Work in Missouri
There are several steps to achieving the best possible outcome in your DUI/DWI license suspension case:
1. Receive the Notice. Upon your arrest, you will receive a Notice of Suspension/Revocation from the arresting officer. This document informs you of the impending suspension or revocation of your driver’s license and provides details on how to request a hearing. Carefully read and understand the information in the notice, including the deadlines and the procedure for requesting a hearing.
2. Submit a Request. You must submit a written request for an administrative hearing to the Missouri Department of Revenue within 15 days of receiving the notice. This request can often be submitted by mail, fax, or online, depending on the specific instructions provided in your notice. If you had a valid Missouri driver’s license, at the time of your request you’ll be given a temporary permit so you can drive until the hearing. Ensure that your request includes all required information, such as your name, driver’s license number, date of arrest, and a statement requesting the hearing.
3. Prepare for the Hearing. If you haven’t already, the first thing you should do is hire an attorney. An attorney experienced in DUI/DWI cases can provide valuable guidance throughout the process, helping you understand your rights and develop a defense strategy. Your attorney will gather evidence for the case and can represent you at the hearing, presenting arguments on your behalf and cross-examining witnesses.
4. Attend the Hearing. Your attorney will articulate your defense and emphasize any procedural errors or issues with the evidence. Your attorney may cross-examine the arresting officer or emphasize any procedural errors with sobriety tests.
Potential Outcomes of a DUI/DWI Administrative Hearing in Missouri
The outcome of an administrative hearing can significantly impact your driving privileges and overall legal standing following a DUI/DWI arrest. Here are the possible outcomes you might face:
1. Suspension Upheld
If the hearing officer finds sufficient evidence to support the suspension, such as probable cause for the traffic stop, valid test results indicating impairment, or adherence to legal procedures, your license suspension will be upheld. The length of the suspension can vary based on whether it is a first-time offense or if there are prior DWI/DUI convictions. For a first offense, the suspension may last 30 days, followed by a 60-day restricted driving period. For subsequent offenses, the suspension period can be longer and may involve stricter conditions.
2. Suspension Reversed
If the hearing officer finds that the evidence against you is insufficient, that there were procedural errors, or that your rights were violated during the arrest and testing process, the suspension of your license may be reversed. This decision would allow you to retain your driving privileges without any interruption.
3. Limited Driving Privileges
In some cases, even if the suspension is upheld, you may be granted limited driving privileges, allowing you to drive under specific conditions, such as to and from work, school, or other essential activities. Obtaining limited driving privileges typically involves meeting certain requirements, such as installing an ignition interlock device (IID) on your vehicle, completing an alcohol education program, or demonstrating a specific need for driving.
Consequences of Not Requesting a Hearing
Failing to request an administrative hearing after a DUI/DWI arrest in Missouri can lead to several significant and far-reaching consequences. Here’s an overview of what can happen if you miss the 15-day window to request a hearing:
- Automatic Suspension/Revocation: Without a request for an administrative hearing, your driver’s license will be automatically suspended or revoked. This suspension is triggered by the Missouri Department of Revenue and is independent of the outcome of your criminal case.
- Impact on Daily Life: Losing your driving privileges can severely impact your ability to commute to work, especially if public transportation is not a viable option. This can lead to job loss or decreased income if you are unable to fulfill your work responsibilities. Inability to drive can also affect your ability to attend school, transport family members, and handle daily responsibilities. Without a license, you may become dependent on others for transportation, which can strain relationships and limit your independence.
- Increased Penalties: Reinstating your license after the suspension period involves various fees, including reinstatement fees, higher insurance premiums, and costs associated with mandatory alcohol education or treatment programs. A suspended license will likely lead to increased auto insurance premiums, as insurance companies view drivers with suspensions as higher risk.
- Permanent Record: The suspension or revocation of your license becomes part of your driving record, which can have long-term implications for your insurance rates and legal standing in future traffic or criminal cases
By acting promptly and seeking experienced legal counsel, you can effectively navigate the administrative hearing process and defend your driving privileges. The outcomes of an administrative hearing can vary widely based on the specifics of your case and the quality of your defense. The best thing you can do for yourself is hire a defense attorney experienced in DUI/DWI and license suspension cases to defend your interests.
