THE LAW OFFICE OF DENISE KIRBY        KANSAS CITY'S AWARD-WINNING DWI DEFENSE        816-221-3691

THE LAW OFFICE OF DENISE KIRBY
KANSAS CITY'S AWARD-WINNING DWI DEFENSE
816-221-3691

NOT AN ORDINARY CITY.
NOT AN ORDINARY ATTORNEY.

Can You Still Drive After a DWI Arrest in Missouri?

A DWI arrest in Missouri often leads to significant concerns about the future of your driving privileges. Losing the ability to drive can disrupt your daily routines, including work, school, and family obligations. While a DWI charge carries serious implications, retaining or regaining the right to drive depends on various factors, such as the specific details of your case and the steps you take following your arrest.

What Happens to Your License Immediately After a DWI Arrest?

When you are arrested for a DWI in Missouri, two processes begin simultaneously: the criminal case and the administrative license process overseen by the Missouri Department of Revenue. The administrative process directly affects your driving privileges.

Upon arrest, you will receive a "Notice of Suspension/Revocation of Driving Privilege," which temporarily allows you to drive for 15 days. During this period, you must act quickly to request an administrative hearing if you wish to challenge the suspension of your license. If you do not request a hearing, your license will automatically be suspended or revoked once the 15-day period expires.

The duration of the suspension depends on your specific circumstances. For example:

  • Failed Chemical Test: If you took a breath, blood, or urine test and failed, your license may be suspended for 30 days, followed by 60 days of restricted driving privileges for a first offense.
  • Refused Chemical Test: Under Missouri’s Implied Consent Law, refusing a chemical test results in an automatic one-year license revocation, regardless of the outcome of your criminal case.

The administrative consequences are separate from any penalties imposed during the criminal case, meaning you could face both license suspension and additional fines or jail time depending on the court’s ruling.

What Are Your Options for Retaining Driving Privileges?

Even if your license is suspended or revoked, Missouri provides options for limited driving privileges to ensure you can fulfill essential responsibilities. These include:

Restricted Driving Privileges (RDP)

RDP is available to many first-time DWI offenders and allows driving for specific purposes, such as commuting to work, attending school, or meeting medical appointments. To qualify for RDP, you must meet certain criteria, including enrolling in an alcohol education program and providing proof of SR-22 insurance—a form of high-risk insurance required after certain violations.

Ignition Interlock Device (IID)

For some offenders, installing an IID may be mandatory to qualify for limited driving privileges. This device functions as a breathalyzer connected to your vehicle’s ignition system, preventing the car from starting if it detects alcohol on your breath. While an IID can be an inconvenience, it allows you to continue driving under specific conditions.

Applying for restricted driving privileges requires careful compliance with state requirements. Any failure to follow these rules could lead to additional penalties or loss of privileges.

Understanding the Administrative Hearing Process

The administrative hearing provides an opportunity to challenge the suspension or revocation of your license. This hearing is separate from your criminal trial and focuses solely on the circumstances of your arrest and the validity of the chemical test or refusal.

During the hearing, you or your attorney can present evidence and question witnesses to demonstrate why your license should not be suspended. For example, you might argue that the arresting officer lacked probable cause for the traffic stop or that the chemical test was improperly administered. If the hearing officer rules in your favor, your license suspension may be overturned.

If the hearing does not result in a favorable outcome, you can still apply for limited driving privileges or explore additional legal avenues to regain your license. Acting promptly is crucial, as missing deadlines can forfeit your right to contest the suspension.

Steps to Reinstate Your License After Suspension or Revocation

Once your suspension or revocation period ends, you will need to take several steps to reinstate your license fully. These steps often include:

  • Completing an Alcohol Education Program: The Substance Abuse Traffic Offender Program (SATOP) is required for most DWI offenders in Missouri. This program assesses and addresses any underlying issues related to alcohol use.
  • Filing SR-22 Insurance: This certificate proves you have the minimum liability insurance required by Missouri law. SR-22 insurance is typically required for two years after a DWI.
  • Paying Reinstatement Fees: You must pay all applicable fees to the Missouri Department of Revenue to restore your driving privileges.

It’s important to comply fully with all reinstatement requirements to avoid further delays or complications in regaining your ability to drive.

What If You Are a Repeat Offender?

The penalties and processes become more severe for individuals with multiple DWI offenses. Repeat offenders may face longer license revocation periods and stricter requirements for reinstatement, such as extended use of an IID. Additionally, courts and administrative bodies may have less leniency for second or third offenses, emphasizing the importance of legal representation to protect your rights and privileges.

How Can Legal Representation Help?

Dealing with the complexities of a DWI case and the accompanying license suspension can be overwhelming. An experienced attorney can assist in several ways:

  • Filing for an Administrative Hearing: Your attorney can ensure the request is submitted on time and help build a strong case to challenge the suspension.
  • Exploring Legal Defenses: From questioning the validity of a chemical test to challenging the legality of your arrest, an attorney can identify defenses that may lead to a favorable outcome.
  • Guiding You Through Reinstatement Requirements: An attorney can provide clarity on meeting reinstatement criteria, ensuring you fulfill all obligations to restore your license.

Having legal representation gives you the advantage of professional guidance through every step of the process, helping you achieve the best possible outcome for your case.

Contact Denise Kirby Today for Your Missouri DWI

A DWI arrest in Missouri can significantly impact your driving privileges, but understanding your options and acting quickly can make a difference. Whether it involves requesting an administrative hearing, applying for restricted driving privileges, or meeting reinstatement requirements, there are ways to mitigate the disruption to your life. Being proactive and seeking professional legal assistance can help you protect your rights and maintain your independence during this challenging time.If you’re facing a DWI charge and have questions about your license, contact us. At Denise Kirby Law, we’re dedicated to helping clients understand their rights and options, providing the support they need to move forward. Let us help you protect your driving privileges and achieve the best possible resolution for your case.

(816) 221-3691