DWI Administrative Hearing Lawyer Overland, MO. If you’ve been arrested for DWI/DUI in Overland, 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.
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.
What is a DWI Administrative Hearing in Overland, MO and Across Missouri?
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.
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?
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
The consequences of an administrative hearing suspension depend on your record in Overland, MO and beyond:
- First DWI/DUI Offense: This results in a 90-day license suspension and you could be eligible for a Restricted Driving Privilege in Overland 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.
- 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 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 Overland, 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 Overland, MO and across Missouri. Contact us right away to fight for your driving privileges and get the legal defense you need in Overland, MO.
How to Get a Limited Driving Privilege (Hardship License) in Overland, MO
If you licenses has been suspended, revoked, or denied, you might qualify for a Limited Driving Privilege (LDP) in Overland, 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 Overland, MO DWI lawyer now to help improve your chances of approval.
St. Louis County Resources
Below are quick links to important websites that may assist you with your legal matters in St. Louis County and Missouri.
The Importance of Hiring a Overland, MO DWI Administrative Hearing Lawyer
Our Overland, MO DWI/DUI defense attorneys can raise a variety of legal and procedural challenges in an administrative alcohol hearing, and the failure of the DOR to prove even one of the above elements can prevent your license suspension.
For a suspension to proceed, you must have been under arrest at the time of the breathalyzer or blood test, and that arrest must have been based on probable cause that you were operating a motor vehicle while intoxicated. (This is why our 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.)
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 samples meet specific regulatory 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 Overland, MO DWI experts has a proven track record of helping clients throughout Missouri keep their licenses.
Appealing a Missouri DWI Administrative Hearing
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 the appeal is filed, the case moves to a de novo hearing—meaning the Overland, MO circuit court will conduct an entirely new review of the evidence, without relying on the DOR’s previous decision. Unlike administrative hearings, circuit appeals allow live witness testimony, providing our Overland, MO DWI/DUI lawyers an opportunity to present a stronger defense for your case.
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.
If you hire a Combs Waterkotte DWI administrative hearing lawyer in or around Overland, MO, you’re not just selecting a top-rated DWI administrative hearing lawyer lawyer in Overland, MO and throughout Missouri – you are securing 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 Overland, MO residents:
- Violent Crime Lawyer
- Drug Crimes Lawyer
- Gun Crime Lawyer
- Child Abuse & Neglect Lawyer
- Homicide Lawyer
- Assault Lawyer
- Rape Defense Lawyer
Act Now—Speak with a Overland, MO DWI Administrative Hearing Lawyer Today 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 immediate effect—with no option to appeal. Act fast to hire a Overland, 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 where we can get to work on a defense to get you the best possible outcome in Overland, MO.