DWI – HELPFUL INFORMATION

 

There are two parts to a DWI case

 

The first is the administrative case and the second is the criminal case. The administrative case deals with your ability to drive in the State of Missouri. The criminal case deals with the punishment you will receive for driving while intoxicated.

 

Suspension or Revocation of the Driving Privileges Form – Did you take the breathalyzer test?

 

You may be wondering what to do with the form you were given by the officer. The answer depends on whether or not you agreed or refused to take the breathalyzer test. In either situation, you can appeal the suspension of your driver’s license (administrative part of your case), but you must make sure you don’t miss the deadline.
If you agreed to take the breathalyzer test:
  • You will be given a temporary permit allowing you to drive for 15 days.
  • Your license will automatically be suspended for 30 days, then you will have a 60-day probation period. After a total of 90 days, you will be able to get your license reinstated.
  • However, you can request a hearing with the Missouri Department of Revenue to appeal the suspension of your driver’s license, but this request must be made within 15 days.
  • If you make this request, you will continue to have driving privileges until you have had a hearing.
If you refused to take the breathalyzer test (refused to blow):
  • You will be given a temporary permit allowing you to drive for 15 days.
  • Your license will automatically be suspended for one year.
  • However, you have 30 days to petition the court for a review of the revocation of your driver’s license to obtain a “stay” of the revocation.*
      • *A “stay” of the revocation is issued by the court, which would allow you to continue driving until the case is over.

     

    I feel lost, what should I do?

     

    We understand that DWI cases can be very complicated. We can help you appeal the case, obtain a stay of the revocation of your license, and in many situations we are able to negotiate with the court to obtain a recommendation to have the DWI charge amended to a lesser offense that will not show up on your driving or criminal record. Call us today for a free consultation.