If law enforcement stops you on suspicion of driving under the influence of alcohol (DUI), your first concern might be the possibility of losing your driving privileges.
In the state of Missouri, anyone arrested for DUI faces two aspects of the law: criminal law and administrative law, and both address the subject of driver’s license suspension.
Understanding the law
If you receive a DUI conviction, the court will send a copy of the arresting officer’s paperwork to the Department of Revenue. At this time, the Department will add the appropriate number of points to your driving record. The result of this may be the suspension or revocation of your driving privileges. In a separate action, under administrative law, you could also face the suspension or revocation of your driving privileges. This would occur automatically if your blood alcohol content (BAC) is over the legal limit of .08% or if you refused BAC testing.
Requesting a hearing
Keep in mind that you have 15 days from the date your Notice of Suspension/Revocation form is issued to ask for an administrative hearing. The Department of Revenue will schedule this hearing and your defense attorney may accompany you. The arresting officer may also receive a subpoena to appear.
The suspension or revocation of your driver’s license depends on your record in the past five years. If you had a DUI conviction during that time, you would lose your license for one year. Otherwise, you will lose your license for 90 days. However, if you have a suspension, you may qualify to receive a Restricted Driving Privilege. Other options may be available, and, working on your behalf, your attorney will endeavor to achieve the best outcome possible for your case.