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DWI Administrative Hearing Lawyer Overland, MO

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Last Updated: March 12, 2025

DWI Administrative Hearing Lawyer Overland, MO. If you have been arrested for DWI/DUI near Overland, MO, you’re facing more than just criminal charges—you’re also at risk of losing your driver’s license. The Missouri Department of Revenue (DOR) initiates an automatic suspension or revocation of your license following a DWI arrest, but you have the right 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 Overland, 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 Overland, MO DWI/DUI defense attorneys before the deadline passes.

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DWI Administrative Hearing Lawyer Overland, MO | Overland, MO DWI Law Firm | Combs Waterkotte

Understanding DWI Administrative Hearings in Overland, MO

A DWI administrative hearing is a separate civil process from your criminal case in Overland, 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.

At the hearing, the following key elements are evaluated:

  • Did the officer have reasonable suspicion to stop you?
  • 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.

Missouri License Suspension & Revocation Consequences

If you’re facing a DWI administrative suspension, the penalties depend on your prior offenses in Overland, MO or elsewhere in Missouri:

  • First DWI Offense: A 90-day suspension applies, but you might qualify for a Restricted Driving Privilege in Overland, MO after 30 days.
  • Second DWI Offense: Leads to a 1-year revocation period in Overland, MO, or a 5-year license denial if the prior offense was within the past 5 years.
  • Chemical Test Refusal: 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 burden of proof—the state only needs to prove it’s more likely than not that you were intoxicated—facing this process alone is a serious risk. Losing your license can affect your job, daily responsibilities, and overall mobility in Overland, MO.

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 Overland, MO and across Missouri. Contact a skilled DWI administrative hearing lawyer in Overland, MO now to discuss the specifics of your case and get expert legal advice and guidance on next steps.

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

If you’re facing a license suspension, revocation, or denial in Overland, MO, you might still be able to legally drive under specific circumstances with a Limited Driving Privilege (LDP). Eligibility often requires filing an SR-22 insurance certificate and installing an Ignition Interlock Device (IID). Once approved, an LDP—available after 30 days from the administrative hearing period—may allow you to drive for:

  • 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 Overland, MO DWI lawyer as soon as possible to help improve your chances of approval.

The Importance of Hiring a Overland, MO DWI Administrative Hearing Lawyer

Having a skilled DWI administrative hearing attorney in Overland, 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 Overland, 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 the Combs Waterkotte Overland, 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.)

Our attorneys closely examine the details of your arrest and testing procedures, looking for flaws such as time gaps between driving and law enforcement contact. Additionally, Missouri has strict regulations governing breath and blood testing procedures, including:

  • Testing machines be maintained every 35 days by a licensed technician
  • Testing officers must have valid certification
  • Only state-approved testing devices may be used
  • Strict calibration and accuracy 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 Overland, MO experts, can uncover grounds to challenge the validity of the BAC reading.

How to Appeal a Overland, MO DWI Administrative Hearing Decision

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 Overland, 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 Overland, 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 Overland, 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 Overland, 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 Overland, MO | DWI Attorney Overland, MO | Combs Waterkotte

If you choose a Combs Waterkotte Overland, MO DWI administrative hearing lawyer, you aren’t just choosing a top-rated DWI administrative hearing lawyer lawyer in and around Overland, MO – you are securing your license, your rights, your freedom, and your future. In addition to experienced DWI administrative hearing attorneys, our staff is available 24/7 and provides expertise in the following areas for residents in Overland and beyond:

Time is Running Out—Get a Overland, MO DWI Administrative Hearing Lawyer on Your Side to Keep Your Driving Privileges

A DWI/DUI arrest in Overland, 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 Overland, 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 Overland, MO.

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