Benton, MO

DWI Administrative Hearing Lawyer Benton, MO. A DWI/DUI arrest in Benton, MO doesn’t just mean criminal charges—it also puts your driver’s license at immediate risk. The Missouri Department of Revenue (DOR) automatically moves to suspend or revoke your license in Benton, MO, but you have the right to fight back and tell your side of the story 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?

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 a preponderance of evidence, your license will be suspended or revoked based on any prior offenses or test refusal.

Missouri License Suspension & Revocation Consequences

The outcome of an administrative hearing depends on your driving history in Benton and across Missouri:

• First DWI/DUI Offense: Results in a 90-day suspension, with eligibility for a Restricted Driving Privilege in the Benton, MO area after 30 days.
• Second DWI Offense: Leads to a 1-year revocation period in Benton, MO, or a 5-year license denial if the prior offense was within the past 5 years.
• Refusing 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 in Benton, MO, and freedom to drive.

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.

How to Get a Limited Driving Privilege (Hardship License) in Benton, MO

If you licenses has been suspended, revoked, or denied, you might qualify for a Limited Driving Privilege (LDP) in Benton, MO. To be eligible, you’ll likely need to file an SR-22 insurance form and install an Ignition Interlock Device (IID) on your vehicle. After 30 days from your 15-day administrative hearing period, an LDP may allow you to drive under specific conditions, like:

• Employment, business, or occupation-related travel
• Medical appointments and treatment
• School or higher education attendance
• Substance abuse programs, such as Substance Awareness Traffic Offender Program (SATOP)
• IID installation or maintenance visits
• Any additional hardship reasons approved by the court

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 Benton, MO DWI Administrative Hearing Lawyer

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 the Combs Waterkotte 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, 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. Missouri law mandates that all breath and blood tests adhere to strict state regulations, including:

• Machines must be serviced every 35 days
• The operator collecting the sample be properly certified
• The machine used must be approved under state regulations
• Calibration and accuracy must meet legal standards
• Testing machine must function within state’s precise limits regarding temperature and accuracy

If any of these requirements were not met, we can challenge the BAC results, which could lead to the dismissal of your suspension. Our team of Benton, MO DWI experts has a proven track record of helping clients throughout Missouri keep their licenses.

Appealing the Decision of a Benton, 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 with the Benton, MO circuit court within 15 days of the final ruling. This appeal must be filed in the circuit court of the Benton, MO county where your arrest occurred, and the DOR must be formally served with notice of the appeal. A Combs Waterkotte Benton, MO DWI administrative hearing lawyer can handle filing this appeal for you and represent you to get the best possible outcome.

The appeal moves to a de novo hearing, where the Benton, 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 Benton, MO DWI/DUI lawyers an opportunity to present a stronger, more detailed defense.

However, it’s important to understand that filing an appeal does not automatically delay your suspension or revocation. Your driving privileges may still be affected before the appeal hearing occurs, meaning you could be unable to drive until the court makes its ruling. If the court ultimately finds insufficient evidence to uphold the suspension, your license can be reinstated, but only after you have already served part of your suspension.

When you hire a Combs Waterkotte DWI administrative hearing lawyer in or around Benton, MO, you’re not just choosing a leading DWI administrative hearing lawyer lawyer in and around Benton, MO – you’re protecting your license, your rights, your freedom, and your future. In addition to esteemed DWI administrative hearing lawyers, our legal team is available 24/7 and offers expertise in the following areas for Benton, MO residents:

• Violent Crime Lawyer
• Drug Crimes Lawyer
• Gun Crime Lawyer
• Child Abuse & Neglect Lawyer
• Homicide Lawyer
• Assault Lawyer
• Rape Defense Lawyer

Don’t Wait—Contact a Benton, MO DWI Administrative Hearing Lawyer Right Away to Keep Your Driving Privileges

If you’ve been arrested for DWI/DUI in Benton, 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 Benton, 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 reach out online for a free, no-obligation case review. Our Benton, MO DWI defense team is ready to fight for you and build a strong case to protect your future.