In Missouri, a DUI can carry stiff civil penalties even if you are ultimately found not guilty in criminal court. There is a strict deadline to act to preserve your driving privileges, with a 15-day countdown often starting the day you are arrested. For a free consultation with a Missouri criminal defense DWI attorney, contact The Law Offices of Benjamin Arnold at (913) 777-HELP, or visit kcdui.com for more information.

Administrative Hearing

If you have a Missouri Drivers License and have been arrested for suspicion of driving under the influence, your license is subject to an automatic suspension, unless you request an administrative hearing within fifteen (15) days of being served with a notice of suspension. If, instead of being personally served, you are mailed notice, you will have an additional three days. Requesting a hearing will stay your suspension pending the outcome of your administration hearing. Because this is a civil proceeding, the traditional rules of evidence that would apply in a criminal proceeding do not apply. Also worth noting, the burden of proof the State has is less than in a criminal trial; instead of having to prove guilt beyond a reasonable doubt, the State must only prove its’ case by a preponderance of the evidence. This means that if it is proven that more likely than not you operated a motor vehicle with an excessive blood alcohol content, or refused a sample after the officer had probable cause to make the arrest, your license will be suspended. While you may apply for limited driving privileges during your suspension period, this time will not count towards your restriction period which follows.

Enhanced Penalties for Subsequent Offenses

A first time conviction DWI or BAC conviction will result in a 90-day suspension, during which you may be eligible to apply for restricted driving privileges. It should come as no surprise that as many other criminal offenses, the civil penalties for driving under the influence are enhanced for subsequent offenses. A second conviction will result in a one (1) year suspension, while a third conviction may result in a 10-year license denial. To gain your driving privileges back, or be eligible for a restricted driving permit, you may be ordered to install an ignition interlock device on your vehicle.

Ignition Interlock Device (IID) Requirement

Arguably the worst part of the DUI process is having to deal with an ignition interlock device (IID). The IID is a device which is installed on your vehicle that measures your BAC when you go to start your car, as well as periodically while you are driving (known as “rolling re-tests”). In Kansas, the entire restriction period must be served before you are eligible to have your full driving privileges reinstated; in other words, you cannot opt to sit out your restriction period.

Tips to avoid headaches during your IID restriction period

• Refrain from drinking alcohol. Usually someone with an IID will be required to refrain from consuming alcohol as a condition of their probation or diversion, but if you are not subject to this condition, it is best to avoid drinking anyways. Alcohol can be detected on your breath for as long as 24 hours or more, depending how much you drank. It is not unheard of to drink the night before and be unable to start your car in the morning due to alcohol being on your breath. If you are allowed to drink, it may be advisable to purchase a handheld breathalyzer to test yourself before trying to drive. Your IID will go into lockout mode if you have 5 or more fail starts during a thirty (30) day period.
• Refrain from eating right before providing a breath sample. Some foods contain ingredients that may cause a false reading. Remember, you are responsible for all samples provided, even if it was someone else who drove your vehicle. There are all sorts of theories on the internet on which foods cause this, but my general advice is to be sure and refrain from eating right before you have to drive.
• Refrain from products which contain alcohol. As with food, there are products such as cologne and hand sanitizer which may cause false readings. Mouth wash is a common one, but there are many others.
• Do not attempt to circumvent the device. As of 1/1/2020, ignition interlock devices are required to have a camera affixed which will take a picture when a sample is provided. This cuts down on people using a sober person to provide a sample, but there are many other ways someone could tamper with an IID. Do not do this… especially with how good technology is these days, it is very likely you will be caught. Depending on the offense, you will face further action against your driving privileges, and it is never worth it.
• Find a good service provider, and keep your end of the bargain. You will find that there are many service providers and ignition interlock companies to choose from. To avoid headaches, it is in your best interest to ask for recommendations on which company to use. You will be required to report monthly for calibration and pay a fee for the use of the device, and you should always seek to make your appointments and pay on time.

SR-22 Requirement

If you have been convicted of a DWI in Missouri, or have administrative penalties imposed on your Missouri Drivers License, you may be required to file a certificate of financial responsibility, known as a SR-22 form. This form must be filed by an insurance agent, and serves as a proof of insurance coverage for the amount required by the state. Generally, this form must be filed for two years from the beginning of your suspension and will cost an additional $1,000 per year on top of your insurance premium, not including any increases the insurance company assesses upon learning of your DWI.

Penalties for Driving While Suspended or Revoked

After you have read this article you may be thinking it seems like a lot of hoops to jump through to drive legally. While that is certainly true, it is in your best interest to comply, as if you are caught driving outside your restriction or while suspended, you will face stiffer penalties. In Missouri, a first offense of Driving While Suspended is a Class D Misdemeanor, carrying a maximum penalty of a $500 fine. A second or third conviction is a Class A Misdemeanor, which can carry up to $2,000 in fines and a potential one (1) year jail sentence. You could be pulled over for a traffic violation, but another consideration is that police can see if the registered owner of a vehicle is suspended by running their plates. Because of the relatively high risk of being pulled over, and the ease of proving that someone was suspended while they were caught driving, it is a very poor decision to try and get away with driving while suspended.

The Takeaway



Despite a grim outlook, it is not impossible to win an administrative hearing. A skilled attorney may be able to find error on the part of police which may result in evidence being suppressed, or even the case being thrown out in its entirety. Even if neither of these results are possible, an a criminal defense attorney may be able to make a case for diversion or suspended imposition of sentence if the prosecution is convinced there is a risk of going to trial. A criminal charge is not the end of the world, but it can have lasting consequences and be a giant hassle if you do not address it properly and keep the court satisfied. If you are in jeopardy of having your Missouri Drivers License suspended, it is in your best interests to act quickly and secure competent legal representation. For a free consultation from an affordable criminal defense attorney, contact The Law Offices of Benjamin Arnold by phone at (913) 777-HELP, by email at ben@kcdui.com, or by visiting kcdui.com for more information.