DWI Administrative Hearing Lawyer Franklin County, MO. A DWI/DUI arrest in Franklin County, 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 Franklin County, 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 Franklin County, 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 Franklin County, MO DWI/DUI defense attorneys before the deadline passes.
Understanding DWI Administrative Hearings in Franklin County, MO
A DWI administrative hearing is not a criminal trial—it’s a civil proceeding that determines where your driver’s license will be suspended or revoked after a DWI arrest in Franklin County, MO. If you don’t request this hearing, your suspension takes effect automatically, and you lose the chance to contest it.
At the hearing, the following key elements are evaluated:
- Did law enforcement have reasonable suspicion to pull you over?
- Were you operating a vehicle while intoxicated?
- 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
The consequences of an administrative hearing suspension depend on your record in Franklin County, MO and beyond:
- First DWI Offense: A 90-day suspension applies, but you might qualify for a Restricted Driving Privilege in Franklin County, MO after 30 days.
- Second DWI/DUI Offense: Comes with a 1-year revocation, or 5-year license denial if the previous offense was within 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.
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 Franklin County, 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 Franklin County, MO and across Missouri. Contact a skilled DWI administrative hearing lawyer in Franklin County, 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 Franklin County, MO
If you licenses has been suspended, revoked, or denied, you might qualify for a Limited Driving Privilege (LDP) in Franklin County, 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:
- 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
If you need to restore limited driving privileges, consult a knowledgeable Franklin County, MO DWI lawyer as soon as possible to help improve your chances of approval.
Franklin County Resources
Below are quick links to important websites that may assist you with your legal matters in Franklin County and Missouri.
Why You Need a Franklin County, MO DWI Administrative Hearing Lawyer
Having a skilled DWI administrative hearing attorney in Franklin County, 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 Franklin County, 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 Franklin County, 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. Also, Missouri law mandates strict compliance with Department of Health and Senior Services regulations regarding breath and blood testing procedures. These regulations require that:
- Routine maintenance of testing devices 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
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 Franklin County, MO experts, can uncover grounds to challenge the validity of the BAC reading.
How to Appeal a Franklin County, MO DWI Administrative Hearing Decision
If your license has been suspended or revoked, you have the right to challenge the DOR’s decision by filing an appeal with the Franklin County, MO circuit court within 15 days of the final ruling. This appeal must be filed in the circuit court of the Franklin County, MO county where your arrest occurred, and the DOR must be formally served with notice of the appeal. A Combs Waterkotte Franklin County, 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 Franklin County, 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 Franklin County, 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.
If you choose a Combs Waterkotte DWI administrative hearing lawyer in the Franklin County, MO area, you’re not just choosing the ideal DWI administrative hearing lawyer lawyer in and around Franklin County, MO – you’re protecting 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 residents in Franklin County and beyond:
- Violent Crime Lawyer
- Drug Crimes Lawyer
- Gun Crime Lawyer
- Child Abuse & Neglect Lawyer
- Homicide Lawyer
- Assault Lawyer
- Rape Defense Lawyer
Time is Running Out—Get a Franklin County, MO DWI Administrative Hearing Lawyer on Your Side to Keep Your Driving Privileges
A DWI/DUI arrest in Franklin County, 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 Franklin County, MO DWI administrative hearing lawyer 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 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 Franklin County, MO.