Appealing a License Suspension After a DWI Breathalyzer Test
We are St. Louis DWI lawyers. If you were arrested for a charge of DWI (Driving While Intoxicated), and you blew into the breathalyzer and the breath test machine gave a result, you have the right to appeal the administrative suspension of your drivers license.
BUT, Act IMMEDIATELY (You Only Have 15 Days to Fight to Keep Your License)!!
The Missouri DWI Law dealing with Administrative Alcohol Suspensions and Revocations says you have to file a petition for review of a license revocation within 15 days of the date you were arrested. If you take an appeal, the matter is heard a by an administative law judge employed by the Missouri Department of Revenue.
Then You Have Another Deadline if You Lose the First Appeal
If you lose the first appeal to the administrative law judge, you then have the right to a 2nd appeal, and within another 15 days you can file a Petition for Trial de Novo to the Circuit Court of the county where they arrested you. This 2nd appeal is for the purpose of having your case heard by a State Judge in a courtroom who treats the administrative hearing (i.e., the first appeal) as if it never happened. These appeals are usually handled by the Missouri Department of Revenue.
Other Appeals Available after a DWI Suspension
If the Circuit Court Judge denies your appeal, you can still take advantage of other appellate remedies available to fight your license suspension after a DWI. This would include appealing to the Court of Appeals, and ultimately, to the Missouri Supreme Court.
While these are extremely difficult cases, we have a track record of winning cases at the administrative appeal, the trial de novo (or 2nd appeal) level, as well as in the Courts of Appeals. Because DWI cases are very serious and can have very serious consequences for you, your livelihood and your family, if you are arrested for a DWI charge, you should immediately contact an experienced DWI lawyer to help you with your case.