Author:
Kimberly J. Benjamin, Founder & Managing Attorney
May 15. 2023.
What Happens When You Are Arrested for DUI in Missouri?
Being arrested for DUI in Missouri can be a frightening experience. You may face serious criminal charges and penalties, including license suspension, revocation, and more, depending on the circumstances of your case.
Many people depend on their vehicles to get to work, school, and other essential places, and a license suspension can make life difficult. What are your options when you get a DUI charge?
It’s essential to understand what happens when you are arrested for DUI in Missouri so that you can make informed decisions and take the proper steps to protect your rights. Advice from a skilled DUI defense lawyer from the Missouri DWI & Criminal Law Center can be instrumental to your defense.
Is There an Automatic License Suspension for DUI in Missouri
In Missouri, the consequences of driving under the influence (DUI) can be severe. The driver may face criminal charges. DWI law imposes mandatory license suspension on the licenses of those found driving with a blood alcohol content that is over the legal level.
Those individuals who attempt to avoid an incriminating chemical test by refusing to take one will also lose their license for a period.
In such cases, the police generally take away your license and issue a temporary one. You have 15 days to contest and restore your license in the administrative hearing, and the failure to do so results in the suspension/revocation of your license.
What Happens at the Administrative Hearing?
An administrative hearing is an integral part of the DUI process in Missouri. It is your chance to present your case and have it heard by an officer employed by the Department of Revenue.
During this hearing, you can present evidence and testimony supporting your case. This is usually done by demonstrating that the police had no just and reasonable cause for arresting you or that your blood alcohol content was not above the legal limit. The decision made at this hearing will determine whether your driver’s license is suspended.
Understanding what happens at an administrative hearing can help you prepare for the process and give yourself a chance at success.
What Should You Do Before Your Administrative Hearing?
If you are charged with a DUI, taking the necessary steps to protect your license from being suspended is crucial. Taking the time to prepare for your court date can make all the difference in the outcome of your case. You could prepare by:
- Researching local laws
- Gathering evidence
- Speaking with witnesses
- Hiring an experienced DUI attorney
By taking these steps, you will be better prepared for your court hearing and have a better chance of keeping your license.
How Long Is Your Driver’s License Suspended for in a First DUI Offense?
If you are charged with a DUI, you may wonder how long your driver’s license will be suspended. The answer depends on the state in which you were arrested and the severity of the offense.
Generally speaking, your driver’s license will likely be suspended for about 90 days if it is your first DUI arrest in MO. However, you may be eligible for a restricted driving privilege.
How Long Is Your Driver’s License Suspended for in a Subsequent DUI Offense?
If you are convicted of subsequent DUI offenses, the length of your driver’s license suspension depends on how many offenses you have had and when they were. If the arresting officer is apprehending you for your second offense, you may receive a one-year license revocation or a five-year license denial depending upon the circumstances of your case.
How Do You Get Your Driver’s License Back After a Conviction?
If you have a suspended license, you may ask yourself: “How do I get my license back?” Reinstatement of a driver’s license after a conviction is a necessary process and can be a complex one. In some situations, you may be required to fulfill specified conditions to get your license suspension period reduced. These may include, but are not restricted to the following:
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Attending DUI school
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Installation of an ignition interlock device
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Regular chemical tests for drugs or alcohol
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Attending DUI victim impact panel
During a DUI license suspension, you may be eligible for a temporary driver’s license, referred to as a hardship license, so you can drive to work, etc. Understanding the laws and regulations governing the reinstatement of your driving privileges is essential to ensure you can get back on the road safely and legally. Skilled DUI attorneys may be able to help you get your DUI charges dismissed so you can avoid a criminal conviction.
Should You Hire a Missouri DUI Lawyer?
In Missouri, when you are charged with a DUI, it is vital to understand the consequences and the importance of having an experienced DUI lawyer by your side. The potential penalties for a DUI conviction in Missouri can be severe, including jail time, fines, license suspension, and other consequences that could affect your life for years to come.
Hiring a qualified Missouri DUI lawyer can help you navigate the legal system and ensure your rights are protected throughout the process.
With their knowledge of local laws and experience in defending clients accused of DUIs, the Missouri DWI & Criminal Law Center is well-equipped to provide you with a suitable defense against your charges.
Contact us to schedule a free consultation for your DUI questions today!
Frequently Asked Questions
What Is the Abuse and Lose Law in Missouri?
Missouri has a strict abuse and lose law in place to punish those who are found guilty of DUI. This law is designed to protect individuals under 21 from the dangers of drunk driving and imposes severe penalties on underage offenders.
In addition to the suspension period, offenders may be required to complete an alcohol treatment program and adhere to other conditions such as community service. Those who fail to meet these requirements risk losing their driver’s license for a more extended period. By understanding this law and its implications, drivers can ensure they stay safe on Missouri’s roads.
