Understanding the DWI Administrative Process

DWI/DUI

March 14, 2025

If you’ve been arrested for DWI/DUI in Missouri, there are two sides: a criminal side and an administrative side. Unlike the criminal case, which determines penalties such as jail time or fines, the administrative process is handled by the Missouri Department of Revenue (DOR) and specifically focuses on whether your driving privileges should be suspended or revoked.

Understanding how this process works—and what steps you need to take—can make all the difference in protecting your right to drive, as can hiring an expert DWI administrative hearing lawyer. Call Combs Waterkotte right away at (314) 900-HELP or reach out online to schedule a free consultation to discuss the specifics of your case with an attorney.

Understanding the DWI Administrative Process in Missouri

The DOR will automatically suspend your driver’s license 15 days after your DWI/DUI arrest, whether due to a blood alcohol concentration (BAC) of .08% or higher or for refusing to take a breath test. While you have the right to fight this suspension, doing so without an attorney is extremely difficult. The process differs based on whether you failed the chemical test or refused it, but, in either case, the DOR provides a temporary 15-day driving permit. If you don’t take action within this timeframe, you risk losing your license.

If you fail a breath or blood test, the arresting officer will issue Missouri Form DOR-2385, which serves as both your notice of suspension and temporary driving permit. In the center of the form, a black box marks this 15-day driving, allowing limited driving while you contest the suspension. At the bottom, there’s a section to request an administrative hearing, a critical step that should be handled by an experienced DWI/DUI attorney. These hearings are difficult to win because the state only needs to prove its case by a preponderance of the evidence, a much lower standard than in criminal court.

If you refuse a chemical test, the officer will issue Missouri Form DOR-4323, which also provides a 15-day temporary driving permit. However, unlike DOR-2385, this form does not include a built-in request for a hearing. Instead, your attorney must file a Petition for Review and a motion to stay the suspension, which could allow you to continue driving until a decision is made. Without proper legal action, the DOR will automatically revoke your license for 1 year under Missouri’s implied consent law.

If you want to challenge this, time is crucial—contact the Combs Waterkotte DWI/DUI legal team as soon as possible by calling (314) 900-HELP or reaching out online.

Tips for the DWI Administrative Process in Missouri

The administrative side of your DWI arrest is time-sensitive. Here are some critical steps to help you protect your driving privileges:

  • Hire an Experienced DWI/DUI Lawyer: Don’t hire the first lawyer you see on a bus stop ad, hire a skilled DWI/DUI defense attorney who can make sure your paperwork is correctly filled out, that you have requested an administrative hearing within 15 days, and who can represent you at the hearing to get the best possible outcome. The Combs Waterkotte legal team has more than 40 years of experience and has successfully handled over 10,000 cases just like yours in St. Louis and across Missouri.
  • Familiarize Yourself with the Rules: While your lawyer will help, you should still review the relevant Missouri DWI statutes and regulations. Having an attorney to challenge any evidence and question the officer can make or break your case.

  • Help Your Attorney Present Evidence: Provide your lawyer with a step-by-step description of your arrest and any interactions with the officer. Also, a timeline or anything that could show you weren’t driving while intoxicated would be beneficial.

How a Missouri DWI Administrative Hearing Lawyer Can Help

The Missouri DWI administrative process is complex, and the burden of proof is low—the DOR only needs to prove there is a greater than 50% chance that you were intoxicated while driving. Because of this, fighting the administrative suspension on your own is a gamble. Do you want to roll the dice and take less than 50-50 odds? We think not.

An experienced Missouri DWI administrative hearing lawyer can:

Call Combs Waterkotte Now to Better Understand Missouri’s DWI Administrative Process

If you’ve been arrested for DWI in St. Louis or anywhere else in Missouri, time is critical. You have only 15 days following the arrest to request an administrative hearing to fight for your driving privileges. Missing this deadline means an automatic license suspension or revocation with no change to appeal.

Don’t face this process alone. A DWI administrative hearing lawyer at Combs Waterkotte can guide you through the process to give you the best chance at keeping your license. Call us now at (314) 900-HELP or contact us online for a confidential case review.