DWI Administrative Hearing Lawyer Branson, MO. A DWI/DUI arrest in Branson, 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 Branson, MO, but you have the right to fight back and tell your side of the story 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 Branson, 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 Branson, MO DWI/DUI defense attorneys who can fight for your driving privileges and build a strong defense for your case in Branson, MO.
Understanding DWI Administrative Hearings in Branson, MO
A DWI administrative hearing is a civil proceeding separate from your criminal DWI case in Branson, 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, the following elements are examined:
- Did the officer have reasonable suspicion to pull you over?
- Were you driving while impaired?
- 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
If you’re facing a DWI administrative suspension, the penalties depend on your prior offenses in Branson, MO or elsewhere in Missouri:
- First DWI/DUI Offense: A 90-day suspension applies, but you might qualify for a Restricted Driving Privilege in Branson, MO after 30 days.
- Second-Time DWI/DUI Offense: Leads to a 1-year revocation period in Branson, MO, or a 5-year license denial if the prior offense was within the past 5 years.
- Refusal to Submit to a Chemical Test: Missouri’s implied consent law enforces a 1-year revocation, and you cannot apply 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 Branson, MO.
The Combs Waterkotte DWI administrative hearing lawyers have over 40 years of experience, successfully handling 10,000+ cases like yours in Branson, MO and across Missouri. Contact us right away to fight for your driving privileges and get the legal defense you need in Branson, MO.
Securing a Limited Driving Privilege (Hardship License) in Branson, MO
If you licenses has been suspended, revoked, or denied, you might qualify for a Limited Driving Privilege (LDP) in Branson, 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
If you need to restore limited driving privileges, consult a knowledgeable Branson, MO DWI lawyer now to help improve your chances of approval.
Taney County Resources
Below are quick links to important websites that may assist you with your legal matters in Taney County and Missouri.
Why You Need a Relentless DWI Administrative Hearing Lawyer in Branson, MO
Fighting a DWI license suspension in Branson, MO requires legal experience and technical knowledge—our Branson, MO DWI/DUI defense attorneys have both. The DOR must prove specific legal elements to suspend your license, and if they fail to do so, you can keep your driving privileges.
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 the Combs Waterkotte Branson, 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.)
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. Missouri law mandates that all breath and blood tests adhere to strict state regulations, including:
- Machines must be serviced every 35 days
- Testing officers must have valid certification
- The machine used must be approved under state regulations
- Calibration and accuracy must meet legal 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 Branson, MO 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 Branson, MO circuit court within 15 days of the final ruling. This appeal must be filed in the circuit court of the Branson, MO county where your arrest occurred, and the DOR must be formally served with notice of the appeal. A Combs Waterkotte Branson, MO DWI administrative hearing lawyer can handle filing this appeal for you and represent you to get the best possible outcome.
Once it’s filed, the case moves to a de novo hearing, where the Branson, 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 Branson, 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 Branson, 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 partner with a Combs Waterkotte DWI administrative hearing lawyer in or around Branson, MO, you’re not just hiring a top-rated DWI administrative hearing lawyer lawyer in and around Branson, MO – you’re safeguarding your license, your rights, your freedom, and your future. Along with experienced DWI administrative hearing attorneys, our staff is available 24/7 and provides expertise in the following areas for Branson, 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 Branson, MO DWI Administrative Hearing Lawyer Right Away to Keep Your Driving Privileges
A DWI/DUI arrest in Branson, 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 immediate effect—with no option to appeal. Act fast to hire a Branson, MO DWI administrative hearing lawyer to give yourself the best chance at keeping your driving privileges.
Call Combs Waterkotte now 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 Branson, MO.