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Henry County, MO

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Last Updated: March 12, 2025

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

You have only 15 days following your arrest to request this hearing. Don’t wait—protect your license by contacting a Henry County, 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 Henry County, MO DWI/DUI defense attorneys who can fight for your driving privileges and build a strong defense for your case in Henry County, MO.

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DWI Administrative Hearing Lawyer Henry County, MO | Henry County, MO DWI Law Firm | Combs Waterkotte

What is a DWI Administrative Hearing in Henry County, MO and Across Missouri?

A DWI administrative hearing is a separate civil process from your criminal case in Henry County, MO. This hearing determines whether the Missouri Department of Revenue (DOR) can legally suspend or revoke your driver’s license based on your arrest. If you fail to request a hearing, your license suspension will take effect automatically—without giving you a chance to challenge it.

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

  • Did law enforcement have reasonable grounds to stop you?
  • Were you driving 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.

License Suspension & Revocation Penalties in Missouri

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

  • First DWI/DUI Offense: This results in a 90-day license suspension and you could be eligible for a Restricted Driving Privilege in Henry County after 30 days.
  • Second DWI/DUI Offense: This means a 1-year license revocation and a possible 5-year license denial if your prior Henry County, MO DWI/DUI was within the last 5 years.
  • Refusing 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 Henry County, MO, and freedom to drive.

The Combs Waterkotte DWI administrative hearing lawyers have over 40 years of experience, successfully handling 10,000+ cases like yours in Henry County, MO and across Missouri. Contact us right away to fight for your driving privileges and get the legal defense you need in Henry County, MO.

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

If you licenses has been suspended, revoked, or denied, you might qualify for a Limited Driving Privilege (LDP) in Henry 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 a Substance Awareness Traffic Offender Program (SATOP) or other treatment programs
  • Visiting an IID provider for required maintenance or installation
  • Commuting for work or business-related activities
  • Seeking medical care
  • Attending school or higher education programs
  • Any other circumstance the court determines would cause undue hardship

If you need to restore limited driving privileges, consult a knowledgeable Henry County, MO DWI lawyer as soon as possible to help improve your chances of approval.

Why You Need a Henry County, MO DWI Administrative Hearing Lawyer

Having a skilled DWI administrative hearing attorney in Henry 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 Henry County, 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 Henry County, 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, 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:

  • Machines must be serviced every 35 days
  • Proper certification of the testing officer
  • 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

If any of these procedures were not followed, your BAC results may be inadmissible, which can significantly strengthen your case. Our Henry County, 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 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 Henry County, MO circuit court within 15 days of the final ruling. This appeal must be filed in the circuit court of the Henry County, MO county where your arrest occurred, and the DOR must be formally served with notice of the appeal. A Combs Waterkotte Henry County, 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 Henry County, 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 Henry County, MO DWI/DUI attorneys to present a stronger 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.

DWI Administrative Hearing Lawyer in Henry County, MO | DWI Attorney Henry County, MO | Combs Waterkotte

When you partner with a Combs Waterkotte DWI administrative hearing lawyer in the Henry County, MO area, you’re not just selecting the ideal DWI administrative hearing lawyer lawyer in and around Henry County, MO – you are safeguarding 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 provides expertise in the following areas for residents in Henry County and beyond:

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

A DWI/DUI arrest in Henry 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 Henry 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 free, no-obligation case review where we can get to work on a defense to get you the best possible outcome in Henry County, MO.

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