DWI Administrative Hearing Lawyer Benton, MO

DWI Administrative Hearing Lawyer Benton, MO. If you’ve been arrested for DWI/DUI in Benton, 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.

Don’t wait until it’s too late. You have only 15 days after your arrest to request this hearing. A Combs Waterkotte Benton, MO DWI administrative hearing lawyer can fight for your right to drive and build a strategic defense for your case. Call (314) 900-HELP or reach out online for a free consultation with one of our expert Benton, MO DWI/DUI defense attorneys before the deadline passes.

Benton, MO DWI Administrative Hearings: What You Need to Know

A DWI administrative hearing is a civil proceeding separate from your criminal DWI case in Benton, MO. 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.

During the hearing, key factors that will be reviewed include:

• Did the officer have reasonable suspicion to pull you over?
• Were you operating a vehicle while intoxicated?
• Did you refuse a breath or blood test?

A successful hearing outcome could mean keeping your license and avoiding further penalties. However, if the DOR finds that all elements are met and supported by a preponderance of evidence, your license will be suspended or revoked, depending on prior offenses or test refusals.

Understanding Missouri’s License Suspension & Revocation Penalties

The consequences of an administrative hearing suspension depend on your record in Benton, MO and beyond:

• First DWI/DUI Offense: A 90-day suspension applies, but you might qualify for a Restricted Driving Privilege in Benton, MO after 30 days.
• Second-Time DWI/DUI Offense: Comes with a 1-year revocation, or 5-year license denial if the previous offense was within 5 years.
• Chemical Test Refusal: 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.

Since the burden of proof is minimal—just proving it’s more likely than not that you were intoxicated—navigating this hearing alone could jeopardize your license, job, and daily freedom in and around Benton, MO.

With 40+ years of experience and 10,000+ cases successfully handled in Benton and across Missouri, the Combs Waterkotte DWI administrative hearing team is ready to fight for your rights. Reach out to a skilled DWI administrative hearing lawyer in Benton, MO today to discuss your case and protect your driving future.

Securing a Limited Driving Privilege (Hardship License) in Benton, MO

If your driving privilege is suspended, revoked, or denied, you may be eligible for a Limited Driving Privilege (LDP) in Benton, MO. 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

The LDP application process in Missouri can be complex, but working with an experienced Benton, MO DWI attorney can help you regain your driving privileges as quickly as possible.

Why You Need a Relentless DWI Administrative Hearing Lawyer in Benton, MO

Having a skilled DWI administrative hearing attorney in Benton, 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 Benton, MO case, and if the DOR fails to prove even one of the above required elements, your suspension can be overturned.

For a license suspension to be upheld, the arresting officer must have had probable cause to believe you were operating a vehicle while intoxicated at the time of your breathalyzer or blood test. (This is why our Benton, MO DWI/DUI defense team suggests that you refuse these tests, along with any field sobriety test, as law enforcement only conducts these tests to establish probable cause.)

However, delays between the alleged driving and the first police encounter can weaken this argument, making it difficult to prove you were intoxicated while actually behind the wheel. Additionally, Missouri has strict regulations governing breath and blood testing procedures, including:

• Testing machines be maintained every 35 days by a licensed technician
• Proper certification of the testing officer
• Only state-approved testing devices may be used
• Calibration samples meet specific regulatory standards
• Testing machine must function within state’s precise limits regarding temperature and accuracy

If any of these procedures were not followed, your BAC results may be inadmissible, which can significantly strengthen your case. Our Benton, MO legal team conducts thorough investigations into testing equipment, maintenance records, and law enforcement procedures to find potential grounds for dismissing or reducing your suspension.

Appealing the Decision of a Benton, MO DWI Administrative Hearing

A license suspension or revocation after a DWI administrative hearing is not necessarily final—you can appeal the DOR’s decision by filing an appeal in the Benton, MO circuit court within 15 days of the ruling. This appeal must be submitted in the circuit court of the county where your arrest occurred, and the DOR must be officially served with notice of the appeal. A Benton, MO DWI administrative hearing lawyer from Combs Waterkotte can guide you through the process and represent you in court to get the best possible outcome.

Once it’s filed, the case moves to a de novo hearing, where the Benton, MO 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 Benton, MO 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 Benton, MO 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.

If you choose a Combs Waterkotte DWI administrative hearing lawyer in or around Benton, MO, you aren’t just choosing the ideal DWI administrative hearing lawyer lawyer in and around Benton, MO – you’re securing your license, your rights, your freedom, and your future. Along with esteemed DWI administrative hearing lawyers, our legal team is available 24/7 and offers expertise in the following areas for Benton, MO residents:

Act Now—Speak with a Benton, MO DWI Administrative Hearing Lawyer Today to Keep Your Driving Privileges

A DWI/DUI arrest in Benton, MO doesn’t just mean criminal charges—it puts your driver’s license at immediate risk. You have only 15 days to request a DWI administrative hearing, or else your license suspension or revocation will go into effect immediately—with no option to appeal. Act fast to get a Benton, MO DWI administrative hearing lawyer on your side to give yourself the best chance at keeping your driving privileges.

Call Combs Waterkotte as soon as possible at (314) 900-HELP or contact us online for a free case review. Our legal team is ready to start building a strong defense and fight for the best possible outcome for your case in Benton, MO.