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Marshall, MO

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Last Updated: March 12, 2025

DWI Administrative Hearing Lawyer Marshall, MO. A DWI/DUI arrest in Marshall, MO doesn’t just mean criminal charges—it also puts your driver’s license at immediate risk. The Missouri Department of Revenue (DOR) automatically moves to suspend or revoke your license in Marshall, MO, but you have the right to fight back and tell your side of the story through an administrative hearing.

Don’t wait until it’s too late. You have only 15 days after your arrest to request this hearing. A Combs Waterkotte Marshall, MO DWI administrative hearing lawyer can fight for your right to drive and build a strategic defense for your case. Call (314) 900-HELP or reach out online for a free consultation with one of our expert Marshall, MO DWI/DUI defense attorneys before the deadline passes.

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DWI Administrative Hearing Lawyer Marshall, MO | Marshall, MO DWI Law Firm | Combs Waterkotte

Marshall, MO DWI Administrative Hearings: What You Need to Know

A DWI administrative hearing is a civil proceeding separate from your criminal DWI case in Marshall, MO. It determines whether the state has the right to suspend or revoke your driver’s license based on the circumstances of your arrest. If you don’t request this hearing within 15 days from your arrest date, your suspension goes into effect automatically without hearing your side.

During the hearing, key factors that will be reviewed include:

  • Did the officer have reasonable suspicion to pull you over?
  • Were you driving a vehicle while intoxicated?
  • Did you refuse a breath or blood test?

Winning the hearing can mean keeping your license and avoiding additional penalties. If the DOR determines that the three above questions are affirmatively answered and proven by a preponderance of evidence, your license will be suspended or revoked based on any prior offenses or test refusal.

License Suspension & Revocation Penalties in Missouri

If you’re facing a DWI administrative suspension, the penalties depend on your prior offenses in Marshall, MO or elsewhere in Missouri:

  • First DWI Offense: Results in a 90-day suspension, with eligibility for a Restricted Driving Privilege in the Marshall, MO area after 30 days.
  • Second DWI Offense: Leads to a 1-year revocation period in Marshall, MO, or a 5-year license denial if the prior offense was within the past 5 years.
  • Refusal to Submit to a Chemical Test: Triggers a 1-year revocation under Missouri’s implied consent law and makes you ineligible for a hardship license for 90 days.

With such a low standard of proof—essentially the prosecution must show that there is a greater than 50 percent chance that you were intoxicated while operating a motor vehicle— trying to handle this hearing alone is a risk. These penalties can impact your employment, daily responsibilities in Marshall, MO, and freedom to drive.

With 40+ years of experience and 10,000+ cases successfully handled in Marshall and across Missouri, the Combs Waterkotte DWI administrative hearing team is ready to fight for your rights. Reach out to a skilled DWI administrative hearing lawyer in Marshall, MO today to discuss your case and protect your driving future.

How to Get a Limited Driving Privilege (Hardship License) in Marshall, MO

If your driving privilege is suspended, revoked, or denied, you may be eligible for a Limited Driving Privilege (LDP) in Marshall, MO. You will most likely need to have an SR-22 insurance form on file and an Ignition Interlock Device (IID) installed on your vehicle. If granted after 30 days following your 15-day administrative hearing period, the LDP allows you to drive in specific situations, such as:

  • Employment, business, or occupation-related travel
  • Medical appointments and treatment
  • School or higher education attendance
  • Substance abuse programs, such as Substance Awareness Traffic Offender Program (SATOP)
  • IID installation or maintenance visits
  • Any additional hardship reasons approved by the court

If you need to restore limited driving privileges, consult a knowledgeable Marshall, MO DWI lawyer as soon as possible to help improve your chances of approval.

The Importance of Hiring a Marshall, MO DWI Administrative Hearing Lawyer

Fighting a DWI license suspension in Marshall, MO requires legal experience and technical knowledge—our Marshall, MO DWI/DUI defense attorneys have both. The DOR must prove specific legal elements to suspend your license, and if they fail to do so, you can keep your driving privileges.

For a license suspension to be upheld, the arresting officer must have had probable cause to believe you were operating a vehicle while intoxicated at the time of your breathalyzer or blood test. (This is why the Combs Waterkotte Marshall, MO DWI/DUI defense team suggests that you refuse these tests, along with any field sobriety test, as law enforcement only conducts these tests to establish probable cause.)

However, delays between the alleged driving and the first police encounter can weaken this argument, making it difficult to prove you were intoxicated while actually behind the wheel. Missouri law mandates that all breath and blood tests adhere to strict state regulations, including:

  • Machines must be serviced every 35 days
  • Proper certification of the testing officer
  • Only state-approved testing devices may be used
  • Calibration samples meet specific regulatory standards
  • The machine functions within precise limits regarding temperature and accuracy

If any of these requirements were not met, we can challenge the BAC results, which could lead to the dismissal of your suspension. Our team of Marshall, MO DWI experts has a proven track record of helping clients throughout Missouri keep their licenses.

Appealing the Decision of a Marshall, MO DWI Administrative Hearing

If your license has been suspended or revoked, you have the right to challenge the DOR’s decision by filing an appeal in the Marshall, MO circuit court within 15 days of the final ruling. This appeal must be submitted in the circuit court of the county where your arrest occurred, and the DOR must be officially notified of the appeal. Our Marshall, MO DWI administrative hearing lawyers can handle the entire appeals process on your behalf to get the best possible outcome.

The appeal moves to a de novo hearing, where the Marshall, MO circuit court reviews all evidence from scratch rather than relying on the DOR’s original decision. Unlike the initial administrative hearing, circuit court appeals allow live witness testimony, giving our Marshall, MO DWI/DUI lawyers an opportunity to present a stronger, more detailed defense.

However, it’s important to understand that filing an appeal does not automatically delay your suspension or revocation. Your driving privileges may still be affected before the appeal hearing occurs, meaning you could be unable to drive until the court makes its ruling. If the court ultimately finds insufficient evidence to uphold the suspension, your license can be reinstated, but only after you have already served part of your suspension.

DWI Administrative Hearing Lawyer in Marshall, MO | DWI Attorney Marshall, MO | Combs Waterkotte

If you partner with a Combs Waterkotte DWI administrative hearing lawyer in the Marshall, MO area, you aren’t just selecting the ideal DWI administrative hearing lawyer lawyer in Marshall, MO and beyond – you’re securing your license, your rights, your freedom, and your future. Along with esteemed DWI administrative hearing attorneys, our legal team is available 24/7 and offers expertise in the following areas for Marshall, MO residents:

Don’t Wait—Contact a Marshall, MO DWI Administrative Hearing Lawyer Right Away to Keep Your Driving Privileges

If you’ve been arrested for DWI/DUI in Marshall, MO, the clock is ticking on your right to fight for your license. Missing the 15-day deadline on an administrative hearing means automatic suspension or revocation with no way to appeal. You need a Marshall, MO DWI administrative hearing lawyer on your side right now to protect your driving privileges and fight for your future.

Call Combs Waterkotte now at (314) 900-HELP or reach out online for a no-obligation case review. Our legal team is ready to start building a strong defense and fight for the best possible outcome for your case in Marshall, MO.

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