DWI Administrative Hearing Lawyer O’Fallon, MO. If you’ve been arrested for DWI/DUI in O’Fallon, MO, your ability to drive is at stake. The Missouri Department of Revenue (DOR) will automatically suspend or revoke your license, but you have a limited window to challenge this action through an administrative hearing.
You have only 15 days following your arrest to request this hearing. Don’t wait—protect your license by contacting a O’Fallon, MO DWI administrative hearing lawyer at Combs Waterkotte now. Call (314) 900-HELP or reach out online to schedule a free, confidential consultation with one of our expert O’Fallon, MO DWI/DUI defense attorneys who can fight for your driving privileges and build a strong defense for your case in O’Fallon, MO.
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O’Fallon, MO DWI Administrative Hearings: What You Need to Know
A DWI administrative hearing is a separate civil process from your criminal case in O’Fallon, MO. This hearing determines whether the Missouri Department of Revenue (DOR) can legally suspend or revoke your driver’s license based on your arrest. If you fail to request a hearing, your license suspension will take effect automatically—without giving you a chance to challenge it.
During the hearing, the following elements are examined:
- Did law enforcement have reasonable grounds to stop you?
- Were you driving while impaired?
- Did you refuse a breath or blood test?
Winning your hearing means you keep your license and avoid further consequences. However, if the DOR determines that these elements are proven by a preponderance of evidence, your license suspension or revocation will be enforced according to state laws and prior offenses.
License Suspension & Revocation Penalties in Missouri
If you’re facing a DWI administrative suspension, the penalties depend on your prior offenses in O’Fallon, MO or elsewhere in Missouri:
- First-Time DWI/DUI Offense: This results in a 90-day license suspension and you could be eligible for a Restricted Driving Privilege in O’Fallon after 30 days.
- Second DWI Offense: Leads to a 1-year revocation period in O’Fallon, MO, or a 5-year license denial if the prior offense was within the past 5 years.
- Chemical Test Refusal: Triggers a 1-year revocation under Missouri’s implied consent law and makes you ineligible for a hardship license for 90 days.
With such a low standard of proof—essentially the prosecution must show that there is a greater than 50 percent chance that you were intoxicated while operating a motor vehicle— trying to handle this hearing alone is a risk. These penalties can impact your employment, daily responsibilities in O’Fallon, MO, and freedom to drive.
The Combs Waterkotte DWI administrative hearing team has over 40 years of experience and has successfully handled more than 10,000 cases just like yours in O’Fallon, MO and across Missouri. Contact a skilled DWI administrative hearing lawyer in O’Fallon, MO now to discuss the specifics of your case and get expert legal advice and guidance on next steps.
Securing a Limited Driving Privilege (Hardship License) in O’Fallon, MO
If you’re facing a license suspension, revocation, or denial in O’Fallon, MO, you might still be able to legally drive under specific circumstances with a Limited Driving Privilege (LDP). Eligibility often requires filing an SR-22 insurance certificate and installing an Ignition Interlock Device (IID). Once approved, an LDP—available after 30 days from the administrative hearing period—may allow you to drive for:
- Attending a Substance Awareness Traffic Offender Program (SATOP) or other treatment programs
- Visiting an IID provider for required maintenance or installation
- Commuting for work or business-related activities
- Seeking medical care
- Attending school or higher education programs
- Any other circumstance the court determines would cause undue hardship
The LDP application process in Missouri can be complex, but working with an experienced O’Fallon, MO DWI attorney can help you regain your driving privileges as quickly as possible.
St. Charles County Resources
Below are quick links to important websites that may assist you with your legal matters in St. Charles County and Missouri.
The Importance of Hiring a O’Fallon, MO DWI Administrative Hearing Lawyer
Having a skilled DWI administrative hearing attorney in O’Fallon, MO can make the difference between keeping your license and facing a suspension. Our DWI/DUI defense lawyers know how to challenge procedural errors and legal flaws in your O’Fallon, MO case, and if the DOR fails to prove even one of the above required elements, your suspension can be overturned.
A valid suspension requires that you were under arrest at the time of a breathalyzer or blood test and that the arresting officer had probable cause to believe you were intoxicated while operating a motor vehicle. (This is why our O’Fallon, MO DWI/DUI defense team suggests that you refuse these tests, along with any field sobriety test, as officers only conduct these tests to establish probable cause.)
Our attorneys closely examine the details of your arrest and testing procedures, looking for flaws such as time gaps between driving and law enforcement contact. Also, Missouri law mandates strict compliance with Department of Health and Senior Services regulations regarding breath and blood testing procedures. These regulations require that:
- Machines must be serviced every 35 days
- Testing officers must have valid certification
- Only state-approved testing devices may be used
- Calibration and accuracy must meet legal standards
- Testing machine must function within state’s precise limits regarding temperature and accuracy
Failure to meet any of these requirements can render a BAC result inadmissible, providing a strong defense against license suspension. A comprehensive review of the testing equipment, maintenance records, and procedural compliance, done by our O’Fallon, MO experts, can uncover grounds to challenge the validity of the BAC reading.
Appealing the Decision of a O’Fallon, MO DWI Administrative Hearing
If your license has been suspended or revoked, you have the right to challenge the DOR’s decision by filing an appeal in the O’Fallon, MO circuit court within 15 days of the final ruling. This appeal must be submitted in the circuit court of the county where your arrest occurred, and the DOR must be officially notified of the appeal. Our O’Fallon, MO DWI administrative hearing lawyers can handle the entire appeals process on your behalf to get the best possible outcome.
The appeal moves to a de novo hearing, where the O’Fallon, MO circuit court reviews all evidence from scratch rather than relying on the DOR’s original decision. Unlike the initial administrative hearing, circuit court appeals allow live witness testimony, giving our O’Fallon, MO DWI/DUI lawyers an opportunity to present a stronger, more detailed defense.
Keep in mind that filing an appeal does not automatically stop your suspension or revocation. Your license penalty could take effect before the court hears your case, meaning you may be unable to drive while waiting for a ruling. If the circuit court determines that the DOR lacked sufficient evidence to suspend your license, your driving privileges may be restored, but only after serving part of your suspension.

When you partner with a Combs Waterkotte DWI administrative hearing lawyer in or around O’Fallon, MO, you’re not just hiring a top-rated DWI administrative hearing lawyer lawyer in O’Fallon, MO and beyond – you’re safeguarding your license, your rights, your freedom, and your future. In addition to esteemed DWI administrative hearing attorneys, our staff is available 24/7 and offers expertise in the following areas for residents in O’Fallon and beyond:
Time is Running Out—Get a O’Fallon, MO DWI Administrative Hearing Lawyer on Your Side to Keep Your Driving Privileges
If you’ve been arrested for DWI/DUI in O’Fallon, MO, the clock is ticking on your right to fight for your license. Missing the 15-day deadline on an administrative hearing means automatic suspension or revocation with no way to appeal. You need a O’Fallon, MO DWI administrative hearing lawyer on your side right now to protect your driving privileges and fight for your future.
Call Combs Waterkotte as soon as possible at (314) 900-HELP or contact us online for a no-obligation case review. Our legal team is ready to start building a strong defense and fight for the best possible outcome for your case in O’Fallon, MO.

