ST LOUIS MO DWI DEFENSE ATTORNEY
THE DWI ARREST
Douglas N. Richards
Attorney at Law
St. Louis, MO 63132
When an individual is charged with either a DWI or a DUI, two separate sections of Missouri law govern the proceedings.
Missouri DOR - Administrative Hearings - This law deals with the administrative aspect of the ticket. It imposes a separate suspension or revocation of the driving privilege if either your blood alcohol content (BAC) level is over the legal limit or if you refuse the BAC test(s) providing a sample of your breath/blood/urine. This can be an automatic suspension or revocation, even if the ticket was disposed of in court or reduced to a lesser charge.If you submitted to a breath/blood/urine test, the police officer should have given you a Form 2385. This is your 15 day Temporary Driving Permit. You only have 15 days to request an Administrative Hearing or else your driving privileges will be suspended.
Breath Test Refusals
Breath Test Refusal Cases - If you refused to take a test test, the police officer should have given you a Form 4323. 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.
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