DWI Administrative Law

Separate and apart from the criminal charges that may arise out of being arrested for Driving While Intoxicated (DWI) or DUI (Driving under the Influence), a person arrested in Missouri for DWI or DUI also may be processed administratively by the Missouri Department of Revenue Driver License Bureau.

A person arrested for driving with a blood alcohol content of .08% or higher is subject to the imposition of administrative sanctions in addition to criminal penalties. Minors arrested or stopped with .020% or more blood alcohol content also are subject to administrative sanctions (§302.500-§302.540). For more information, visit our Administrative Alcohol Arrests page.

Suspension.
Revocation.

Administrative sanctions for driving while intoxicated include the suspension and revocation of driving privileges.

Missouri law provides that the Department of Revenue Driver License Bureau shall suspend or revoke the driver license of any driver who is arrested upon probable cause to believe that the driver’s blood alcohol concentration (BAC) is at least .08% for adults or .02% for minors or any other driver regardless of age who broke a traffic law (§302.505). If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final.

Blew over the limit.

If you blew over the legal limit (.08% for adults, .02% for minors), time is of the essence. You need a talk to a Missouri DWI lawyer now to preserve your rights. For more information, visit our Missouri DWI Administrative Alcohol Arrest Information page.

Refused to blow.

If you refused to blow, your license automatically will be revoked if you don’t act quickly. You need a talk to a Missouri DWI lawyer now to preserve your rights. For more information, visit our Missouri Chemical Test Refusal page.

Points for DWI.

Point system–assessment for violation–assessment of points. RSMo §302.302.

Eight (8) points is assessed against a person’s Driver License for a first conviction for excessive blood alcohol content (BAC), driving while intoxicated (DWI), or for driving under the influence of drugs (DUI) (§302.302.8). The second and all subsequent convictions for DWI, DUI or BAC result in twelve (12) points being assessed (§302.302.9).

Reinstatement.

For a driver’s license to be reinstated, Department of Revenue rules requires a driver whose license has been suspended or revoked to do the follow three (3) things:

  • Complete an approved SATOP (State Alcohol Traffic Offenders Program)
  • File a Form SR-22 with the Department of Revenue (proof of insurance filed by your insurance agent/company), and pay a fee to have his or her license reinstated once the suspension or revocation period has passed and the driver is eligible for reinstatement.
  • Pay a reinstatement fee to the Department of Revenue

For more information, visit our Missouri DWI Administrative Alcohol Arrest Information page and our Missouri Chemical Test Refusal page.