Driver's License Consequences from a Missouri DWI
In a Missouri DWI arrest there are two separate cases: the court case, and the driver's license case, which is filed by the Department of Revenue against the driver's license (also known as the driving privilege"). If you are arrested for DWI in Missouri, you have only 15 days from the date of arrest to requst a hearing.
Suspension Penalties from a Missouri DWI
If a "Sustain Order" is issued after the administrative hearing:
First Time Breath Test Failure in Missouri DWI Cases:
For a driver with no alcohol related law enforcement contacts within the previous five years, driving privileges are suspended for 30 days followed by 60 days of Restricted Driving Privilege. The restricted license is available upon showing proof of insurance before the 30 days suspension has expired. The restriction allows a person to drive "in connection with a person's business, occupation or employment, and to and from an alcohol education and treatment program" only. This goes on the person's driving record and stays for five years.
Second and Subsequent Breath Test Failure in Missouri DWI Cases:
Driving privileges are suspended for one year. You are not eligible for a hardship license. This goes on the person's driving record and stays for five years.
Test Refusal Consequences in Missouri DWI Cases:
If you refused to take a breath test, driving privileges are revoked for one (1) year. If it is your first, however, you can apply for a hardship license after the first 90 days of revocation. This goes on the driver's driving record and stays indefinitely. The administrative hearing and the criminal case are two separate suits. Neither one has any bearing whatsoever on the other. However, if you are suspended pursuant to one, that suspension will be run concurrent with a suspension in the other. So, if you lost at the administrative hearing and at trial, and it was your second time DWI, you would only be suspended for one year total. But, your driving record will reflect two separate suspensions for the same arrest.