Drug recognition expert not required for probable cause to arrest

The recent decision in Hill vs Department of Revune WD 76689, delves into the issue of probable cause to believe a driver is intoxicated or in a drugged condition.

The driver, Hill, was observed by the officer driving erratically. Officer Hotmer stopped Hill. The Officer testified that he noted several indicia of intoxication, but not the smell of alcohol. The Officer requested that Hill submit to a blood test. Further, the Officer requested the assistance of drug recognition expert. Hill admitted to taking Zoloft prior to driving. Hill refused the blood test.

The Department of Revenue suspended his license for one year due to the refusal. Hill brought the matter before the trial court, which affirmed his suspension. Hill then filed this appeal. The basis for his argument is that there was not enough probable cause to believe he was operating a motor vehicle in a drugged or intoxicated state.Read the rest

New ignition interlock requirements for Missouri DWI offenders

The Missouri Lawmakers government passed a law last July heavily revising Missouri Statute 302.060 and now requiring stricter ignition interlock standards for DWI offenders. This law goes into effect in October of 2013.

Under current law those serving 5 0r 10 year revocations due to multiple DWI infractions would have to serve 2-3 years of the revocation before being eligible to seek a limited driving privilege. Also those who have a one year revocation due to two alcohol related contacts within 5 years would not be eligible for a limited driving privilege. Under the new law scheduled to go into effect soon, offenders would be eligible to seek a limited driving privilege after only serving 45 days.

While the timeframe for eligibility for a limited driving privilege has been drastically lowered, other requirements have become harsher. Those with 5 or 10 year denials must have an ignition interlock device that … Read the rest

Can I have the Abuse and Lose action removed from my driver record? If so, When? How?

When and how to have the Abuse and Lose action removed from my driver record.

Where do I get information about SATOP classes?

Resources and locations about Missouri SATOP can be found here.

Why do I need to complete a Substance Abuse Traffic Offenders Program (SATOP)?

An overview of Missouri law and SATOP requirements.

Will I have to retake my drivers test?

You will have to retake your test if your driver license has been expired for more than six months.

How long do I need the SR-22 insurance filing?

The SR-22 is not required for reinstatement for an Abuse and Lose action; however, the SR-22 is required if you file for a Limited Driving Privilege.

What is an SR-22 insurance filing?

It is a form from your insurance company that shows your motor vehicle has liability insurance.

What is Missouri’s Limited Driving Privilege (LDP)? How do I apply for an LDP?

How to apply for a Missouri Limited Driving Privilege (LDP) if you’ve after a DWI or MIP.

Can I have any type of driving privilege while I am suspended or revoked under the Abuse and Lose Law?

An overview of the “Limited Driving Privilege” in Missouri MIP cases.

When will I get my driver license back (MIP)?

After an Minor In Possession (MIP) arrest, when do you get your license returned?

How can I get my Missouri driver license back when it is suspended or revoked under the Missouri Abuse and Lose Law?

To get your Missouri driver license back (reinstated / secure reinstatement) when it is suspended or revoked under the Missouri Abuse and Lose law, the following two (2) items must be sent to Driver License Bureau.

Missouri Statututory References

Information you need to know if your convicted for a DWI in Missouri.

Driver License Reinstatement

Read about how to get your driver license reinstated

Administrative Alcohol Cicuit Court Trial De Novo

If the suspension or revocation is upheld at the administrative hearing by the administrative hearing examiner, the driver may petition the Circuit Court in the County of the arreast for further review. The suspension or revocation still is imposed even though a circuit court review is pending.

If the arrest is upheld by the court, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, the suspension or revocation is canceled and the driver’s license is returned, if applicable.… Read the rest

Missouri Administrative Alcohol License Suspension

If the administrative alcohol license suspension or license revocation action is upheld by the administrative hearing examiner, the driver ‘s license is suspended or revoked depending on the driver’s five-year driver record. If the driver has been convicted or suspended during the past five years for an alcohol-related law enforcement contact, the driver’s license is revoked for one year. If not, a 30-day suspension is imposed on the driver. The 30-day suspension is followed by a 60-day period of restricted driving privileges.

The suspension or revocation becomes effective 15 days after the final order of the hearing officer is mailed from the Department of Revenue.

If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final.… Read the rest

The Administrative Hearing Process

A Classic Example of the Fox Guarding the Henhouse?

The driver (or an attorney representing the driver) has 15 days from the date of the arrest to file with the Department of Revenue a written request for an administrative hearing. The form must be completed, mailed (and postmarked) within 15 days of the arrest. If the administrative hearing request form is not completed, mailed, and postmarked in the prescribed time, the driver’s right to an administrative hearing is waived and the suspension or revocation goes into effect.

If an administrative hearing is properly requested in a timely manner, the Department of Revenue schedules the administrative hearing in the County of the arrest (or by telephone, if requested). The hearing is conducted by a hearing examiner, a lawyer / employee of the Department of Revenue, who acts both as the prosecutor and judge.

The only two issues at the hearing are … Read the rest

What the Officer Sends to the Department of Revenue

Read what the officer sends to the Department of Revenue

Administrative Sanctions Separate from Criminal Penalties

A person arrested for driving with a blood alcohol content (BAC) of .08 percent or higher is processed administratively as well as, criminally.

15 Days! NOW is the Time to Act!

That’s how long you have from the day you were arrested for DWI or DUI in Missouri to request an administrative hearing.

Missouri DWI Administrative Alcohol Arrest Information

What you need to know if after a Missouri DWI arrest.

Blood Alcohol Impairment Charge

Click to view charts

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:

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).… Read the rest

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.

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.… Read the rest

Missouri DWI Administrative Law Summary

Blow over the Legal Limit? Refuse to Blow?
Administrative Sanctions: Driver license suspension and revocation; SATOP and SR-22.

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.… Read the rest

Missouri DWI Criminal Law Overview

Criminal conviction of the crime of Driving While Intoxicated (DWI), Driving with Excessive Blood Alcohol Content (BAC) and Driving Under the Influence of drugs (DUI) in Missouri are punishable by imprisonment, the imposition of fines, and the assessment of court costs. In addition, points are assessed against a driver’s license in Missouri upon being convicted of DWI.

Driving While Intoxicated. RSMo §577.010.

A person commits the crime of “driving while intoxicated” if he operates a motor vehicle while in an intoxicated or drugged condition (§577.010.1).

Driving while intoxicated is for the first offense, a class B misdemeanor (§577.010.2), punishable by up to six (6) months in prison (§558.011.1(6)) and a fine of up to $500.00, not including court costs (560.016.1(2).

No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence (SIS) for such offense, unless such person shall … Read the rest