REFUSALS AND ADMINISTRATIVE DOR CASES
Breath Test Refusal DWI Defense Lawyer
Administrative Hearing Defense Lawyer
Breath Test Refusal Cases -
A driver who refuses to provide a blood, breath or urine test may have his or her license revoked for one year. To challenge the revocation, a driver or his attorney must file a Petition for Review in the county where the arrest took place within 30 days of the receipt of the notice of revocation.
The Circuit Court can and normally will grant a stay order pending a trial before a traffic court commissioner or judge in a refusal case, depending on your driving history.
Administrative Hearing Cases
Missouri DOR - Administrative Hearings
If you take a breath test and your test result is .08% or above (.02 if you are under 21), the police officer will take your driver's license and give you a temporary license and a hearing request form. The hearing request form must be completed, by the driver or his attorney, and then mailed and postmarked within 15 days of your arrest.
After your hearing request is received, you and your attorney will then be notified of the date, time and location of your hearing. The sole issues at the hearing will be whether there was probable cause to believe you were driving while intoxicated and whether your blood alcohol content exceeded the legal limit. If you are a minor, and your blood alcohol content was below .08%, the lawfulness of your initial stop will be an issue in the case as well.
At the administrative hearing, the case will initially be heard by a hearing officer employed by the Department of Revenue. If the hearing officer decides that there was not probable cause to arrest the driver for driving while intoxicated or the chemical test did not show that you had a BAC of .08 of higher at the time the vehicle was being operated, the driver will receive his or her license back, and no further action is necessary. If, on the other hand, the hearing officer decides to uphold the license suspension, the driver or his attorney may file a Petition for "Trial De Novo" in front of a state court judge in the county of arrest. It will then be up to the traffic court commissioner or judge to decide if the license suspension should be upheld.
Douglas N. Richards
Attorney at Law
St. Louis, MO 63132
Call me anytime, 24 hours a day, 7 days a week, at either:
ATTORNEY AT LAW
9666 OLIVE BLVD., STE. 365
SAINT LOUIS, MO 63132
Douglas Richards, 314-517-5756 or 636-256-7300 - serves clients throughout the State of Missouri, and in the areas of
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