Christopher Combs and Steven Waterkotte of Combs Waterkotte discuss if a DWI or DUI can be expunged from your criminal record.
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Interview Transcript
Scott Michael Dunn: Can you still drive to work after you get a DUI?
Chris Combs: Yes. The road diverges in one of two paths, depending on whether or not they collect blood, breath, or urine.
Now, if you refuse and they don’t collect anything, you’re almost always given a 15-day driving permit. Let’s assume it’s a first offense. You give it a 15-day driving permit. You have 15 days from that date to contact a lawyer to either file for an administrative hearing to challenge the blood breath or urine with the Missouri Department of Revenue, or if it’s a refusal, they do not collect blood, breath or urine, then you have 15 days. It’s actually 30 by statute, but you ought to do it within the 15 days. Almost always you’re given a 15-day driving permit after DWI arrest.
If you refuse, you need to file what’s called a Petition for Review, commonly referred to as a PFR. That is a petition, a lawsuit against the Missouri Department of Revenue saying, “Stay any adverse action against this driver’s license pending the outcome of a hearing.” Meaning you get your due process. Fifteen days. And then, yes, you can drive throughout your case more often than not.
Scott Michael Dunn: And so if you win this petition or this lawsuit, then you get to keep driving?
Chris Combs: You never lose your license for a day. And you’re looking at a minimal suspension on a first offense.
Scott Michael Dunn: That’s fantastic.
Chris Combs: Typically, 90 days. That’s 30 days hard where you’re not supposed to drive at all. And then 60 days soft once you’ve completed SATOP and get SR-22 insurance. So fully reinstated on the 91st day.
If you need Missouri’s leading criminal defense team to defend your rights and freedom, speak to a criminal defense and DWI/DUI attorney today at (314) 900-HELP or contact us online for a free case review.
