How to Request A DUI Drivers License Hearing in Missouri
A Drivers License Hearing Must Be Requested Within 15 Days
Under Missouri Implied Consent laws any person operating a motor vehicle implicitly gives their consent to submit to a test to determine their blood alcohol content when arrested for Driving Under the Influence (DUI) of alcohol, drugs, or a combination of the two when requested to do so by law enforcement.
What Constitutes a DUI Refusal in Missouri?
Withdrawal of the Implied Consent in Missouri by not giving a sample of your blood, breath or urine will constitute a refusal to submit (‘Refusal’) and may result in a one-year revocation of your Missouri Driving Privileges, even on a first offense. In addition, the fact that you refused to submit to the testing can be admissible against you in a criminal proceeding.
In Missouri your license will be taken by the arresting officer and you will be given a Temporary 15-Day Driving Permit, meaning that your suspension will take effect fifteen days from the issuance of the permit. This applies whether you have refused the test or submitted and failed.
What Happens If I Take the Breathalyzer Test and Blow .08 or more?
If you take the test and fail it (usually by submitting a to a breath test which indicates a blood alcohol content of .08 or more), a request for a hearing must be made within this fifteen day period. If you or your DUI Attorney does not timely request a hearing your Missouri driving privileges will be suspended or revoked 15 days from the date of service and you will have no further right to appeal, regardless of the outcome in the actual DUI Criminal case.
How Do I Request A Drivers License Hearing in Missouri?
A successful request for Administrative Hearing by you or your attorney preserves your right to review, and any action or suspension on your driving privilege is stayed, meaning you can continue to drive in Missouri until a hearing can be held (provided your license is not otherwise suspended).
What is the Penalty for Refusing to take the Breathalyzer in Missouri?
If authorities allege that you refused chemical testing, your Missouri driving privileges remain valid for 15 days. However, you have 30 days—not 15—to request a driver’s license hearing. To do so, you must file a Petition for Review in the Circuit Court of the county where the DUI arrest occurred.
Our firm regularly files DUI refusal Petitions for Review in Jackson, Platte, Clay, and Cass County Missouri Circuit Courts. In most cases, a judge can grant an order that allows you to continue driving until the hearing takes place. The process for requesting a driver’s license hearing in DUI refusal cases differs from standard DUI cases. The scope of review also differs.
If you fail to file the Petition within the 30-day deadline, you lose the right to challenge the refusal. You will then have to serve the license suspension.
DUI laws are complex and change frequently. Protect your right to challenge a potential suspension of your Missouri driving privileges. Contact our office today for a no-cost consultation at 816-361-0964 or 913-383-3311.
