DWI Administrative Hearing Lawyer

DWI Administrative Hearing Lawyer in St. Louis, Missouri. If you have been arrested for DWI/DUI in St. Louis, you’re facing more than just criminal charges—you’re also at risk of losing your driver’s license. The Missouri Department of Revenue (DOR) initiates an automatic suspension or revocation of your license following a DWI arrest, but you have the right 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 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 St. Louis DWI/DUI defense attorneys who can fight for your driving privileges and build a strong defense for your case.

What is a DWI Administrative Hearing in Missouri?

A DWI administrative hearing is a civil proceeding separate from your criminal DWI case in St. Louis. It determines whether the state has the right to suspend or revoke your driver’s license based on the circumstances of your arrest. If you don’t request this hearing within 15 days from your arrest date, your suspension goes into effect automatically without hearing your side.

At the hearing, the following key elements are evaluated:

• Did the officer have reasonable grounds to stop you?
• Were you driving a vehicle while intoxicated?
• Did you refuse a breath or blood test?

Winning the hearing can mean keeping your license and avoiding additional penalties. If the DOR determines that the three above questions are affirmatively answered and proven by the preponderance of evidence, your license will be suspended or revoked based on any prior offenses or test refusal.

License Suspension & Revocation Penalties in Missouri

The consequences of an administrative hearing suspension depend on your record:

• First-Time DWI/DUI Offense: This results in a 90-day license suspension and you could be eligible for a Restricted Driving Privilege after 30 days.
• Second-Time DWI/DUI Offense: This means a 1-year license revocation and a possible 5-year license denial if your prior DWI/DUI was within the last 5 years.
• Refusal to Submit to a Chemical Test: This results in a 1-year licence revocation under Missouri’s implied consent law, and means you are 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, 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 St. Louis and across Missouri. Contact a skilled DWI administrative hearing lawyer in St. Louis now to discuss the specifics of your case and get expert legal advice and guidance on next steps.

How to Get a Limited Driving Privilege (Hardship License) in St. Louis

If your driving privilege is suspended, revoked, or denied, you may be eligible for a Limited Driving Privilege (LDP). You will most likely need to have an SR-22 insurance form on file and an Ignition Interlock Device (IID) installed on your vehicle. If granted after 30 days following your 15-day administrative hearing period, the LDP allows you to drive in specific situations, such as:

• Attending Substance Awareness Traffic Offender Program (SATOP) or other alcohol- or drug-treatment programs
• Seeking the required services of a certified IID provider
• A business, occupation, or employment
• Seeking medical treatment
• Attending school or other institution of higher education
• Any other circumstance the court finds would create an undue hardship

Why You Need a St. Louis DWI Administrative Hearing Lawyer

Our St. Louis DWI/DUI defense attorneys can raise a variety of legal and procedural challenges in an administrative alcohol hearing, and the failure of the DOR to prove even one of the above elements can prevent your license suspension.

For a suspension to proceed, you must have been under arrest at the time of the breathalyzer or blood test, and that arrest must have been based on probable cause that you were operating a motor vehicle while intoxicated. (This is why our 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.)

However, in the event that you did take the test(s), significant time gaps between the alleged driving and the first law enforcement encounter can make it difficult to establish intoxication at the time of driving. Also, Missouri law mandates strict compliance with Department of Health and Senior Services regulations regarding breath and blood testing procedures. These regulations require that:

• Testing machines be maintained every 35 days by a licensed technician
• The operator collecting the sample be properly certified
• The machine used must be approved under state regulations
• Calibration samples meet specific regulatory standards
• The machine functions within 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 experts, can uncover grounds to challenge the validity of the BAC reading.

Appealing a Missouri 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 with the St. Louis circuit court within 15 days of the final ruling. This appeal must be filed in the circuit court of the county where your arrest occurred, and the DOR must be formally served with notice of the appeal. A Combs Waterkotte St. Louis DWI administrative hearing lawyer can handle filing this appeal for you.

Once it’s filed, the case moves to a de novo hearing, where the St. Louis circuit court will conduct a fresh review of the evidence without relying on or deferring to the DOR’s previous decision. And, unlike in an administrative hearing, circuit court appeals often allow live witness testimony providing our St. Louis DWI/DUI attorneys to present a stronger defense.

It is important to note though, that filing an appeal does not automatically pause your suspension or revocation. In fact, your penalty could go into effect before the appeal hearing occurs meaning you may not be able to drive until the St. Louis circuit court rules on your case. If the court ultimately determines that there was insufficient evidence for the suspension or revocation, your driving privileges may be reinstated but this ruling would come only after a period of restricted or suspended driving.

Don’t Wait—Contact a St. Louis DWI Administrative Hearing Lawyer Right Away

If you’ve been arrested for DWI/DUI in St. Louis, 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 St. Louis 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 reach out online for a free case review where we can get to work on a defense to get you the best possible outcome.