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Springfield DWI Lawyers

1. Healy & Healy: Criminal Law Criminal Law involves prosecution by the government of a person for an act that has been classified as a crime. In a criminal case, the state, through a prosecutor, initiates the suit. In a civil case, the victim brings the suit. Crimes include both felonies (more serious offenses like murder or rape) and misdemeanors (less serious offenses like petty theft or jaywalking). If indicted federally you need an attorney that has experience in trying cases in federal court and is willing to work hard to get the best possible results for you.
2. Smith, Montgomery & Associates: In Missouri, every driver who operates a motor vehicle on its highways is deemed to have given implied consent to giving a sample of breath, blood, urine or saliva to determine the alcohol content of their blood. The most common chemical test requested of a driver in the State of Missouri is a chemical breath test. The "standard" used is 0.08% blood alcohol content which gives the Prosecuting Attorney a presumption one is intoxicated. This is a rebuttable presumption in driving while intoxicated cases. One can potentially rebut the presumption of intoxication if one does exceedingly well on standardized field sobriety testing, exhibits steady balance and clear speech, and is not observed driving in a reckless, careless or imprudent manner. It has been my experience that the more onesÕ blood alcohol content exceeds the "standard" or "legal limit", the less inclined the Courts will be to accept this argument. Breath testing machines in the State of Missouri typically utilize infrared light to measure the methyl compound group in breath. Law enforcement argues the only methyl compound the machine measures is ethanol or consumed alcohol. A common attack on breath testing devices is their inability to differentiate between ethanol and other similar substances. This is because these other substances absorb infrared light almost identically to ethanol. For instance, many painters and other types of construction workers are routinely exposed to toluene, which absorbs infrared light identically to ethanol. Acetone is another methyl compound that absorbs infrared light identically to ethanol. A person who suffers from diabetes is at a huge risk in this circumstance. If a diabetic personÕs blood sugar levels drop to a certain point, they can go into a state of diabetic ketoacidosis which causes the production of acetone on the breath. If that person hadnÕt eaten recently, acetone levels can very well increase acetone levels beyond normal measures. To make matters worse, if blood sugar levels drop to this point the person may very well exhibit symptoms that could be confused with indicia of intoxication by alcohol (slurred speech, impaired motor control, affected gait, mental confusion, fumbling and lack of dexterity, ect.). The interferant detector on these machines are allegedly designed to address these problems but many police officers assigned to maintain these machines do not test this mechanism as a part of routine maintenance. There are other problems with breath testing machines. If a driver has engaged in physical activity causing an increase in perspiration and respiration his breath temperature will be elevated. Higher breath temperature can cause a dramatic increase in blood alcohol readings. Another potential problem is the machineÕs inability to detect the presence of mouth alcohol. The idea behind the breath testing machines is that they measure blood alcohol content from the deep alveolar lung air which is a truer indicator of an accurate reading than mouth alcohol. These machines utilize software called a slope detector which is supposed to detect the presence of mouth alcohol and render an invalid sample. However, many experts question whether the slope detector works properly and is partly the reason State law requires the officer administrating the test observe the subject or 15 minutes prior to giving the test to ensure any mouth alcohol has evaporated. Typically mouth alcohol will dissipate within this time period unless the subject has false teeth with dental adhesives that may trap the mouth alcohol for a far longer period of time, potentially rendering a false positive for alcohol. The Prosecuting Attorney, in a trial for driving while intoxicated, must show the defendant was intoxicated while operating a motor vehicle. This is sometimes difficult when there has been a single car accident in a rural area. Often law enforcement arrives to the scene of these accidents long after the event and there are no independent witnesses who can put the defendant behind the wheel at the time. It may become even more difficult if there is a quantity of alcohol at the scene and it is unclear if the driver consumed intoxicants before or after the accident when operation had ceased. "Operation" is defined as physically driving or being in actual physical control of the vehicle. Actual physical control has been construed by Missouri Courts as existing or present bodily restraint directing influence, domination or regulation of the automobile. If a car cannot be restrained nor have its movements regulated, even if it is running, it can be argued the Prosecutor cannot prove operation. This may be true if the car is stuck in mud or high centered or otherwise incapable of motion. However, Missouri Courts have found a client can be in actual physical control of an automobile that is running even if the defendant is asleep in the driverÕs seat in that they would be capable, under this scenario, to potentially regulate the movements of the vehicle. DWI/DUI police contact: As in all other instances where an individual is charged with a criminal offense, your Constitutional rights come into play when you are charged with driving while intoxicated. Police officers are not permitted to randomly pull drivers over unless there is some legitimate reason. The only exception to this are properly sanctioned DWI checkpoints that have been approved by the United States Supreme Court. When a police officer stops a driver, this is deemed to be a seizure as contemplated by the Fourth Amendment to the United States Constitution. If this seizure is not warranted, anything emanating from the unlawful detention may be subject to suppression in a court of law. In other words, if the police officer cannot lawfully justify his initial stop of the vehicle and a proper Motion to Suppress has been filed with the Court, the Court can exclude from evidence the OfficerÕs observations of the defendant, including their performance on standardized field sobriety testing, and the results of any chemical testing of oneÕs breath or blood to determine blood alcohol content. Consequently, an officerÕs assertion that the defendant emitted an odor of alcohol or was unable to maintain his balance or could not speak without slurring his words would not be admissible at trial. The same would be true if the officer indicated the defendant had failed standardized field sobriety tests or took a breath test resulting in a blood alcohol concentration over the legal limit of .08. Without this evidence, the Prosecuting Attorney could not proceed forward and would have no option but to dismiss the charges.
3. Trigg, Dale: Criminal Law
4. Kanable, Kyle: If you are accused of a crime, you are innocent until proven guilty. Do not assume that your rights are, or have been, protected. Do not assume that you must plead guilty simply because you have been charged with a crime. You have a right to counsel. You have a right to face your accuser. You have a right to take your case to trial. Know your rights! If you have been accused of a crime, please contact our office for a free initial consultation. Do not assume that the State can prove your case beyond a reasonable doubt without first consulting with an attorney.
5. Stevens Law Firm: Personal Injury and Worker's Compensation General Business Practice Intellectual Property Business Litigation Real Estate Law Criminal Law Civil Rights Tax Law Other
6. Johnson & Johnson: DWI / DUI GRAND THEFT AUTO SEX CRIMES COMPUTER CRIMES VIOLENT CRIMES
7. Cooley, Donald: Assault Burglary Computer & Internet Crime Conspiracy Criminal Appeals Drug Crime DWI / DUI Firearms Offenses Kidnapping Money Laundering Murder / Homicide Pornography Robbery Sex Offenses White Collar Crime
8. Carver & Cantin: If you have been arrested or accused of committing a crime, it is important to start building a strong defense as quickly as possible. The police and the prosecution will be working tirelessly to win a conviction, while evidence that may vindicate you can deteriorate or disappear over time.
9. Harris Law: Driving While Intoxicated for a first or second offense is a misdemeanor in the state of Missouri and could result in jail time. A third offense is a felony and will result in a life change. Never-the-less, whether it is your first or third DWI you should consult an attorney immediately. In addition to the criminal charges against you there will likely be an administrative hearing to determine whether you keep your license or not. Being innocent does not necessarily mean you will not lose your license and there are only a few days to act after receiving the ticket. Additionally, DWI defense is a unique area of the law that requires a DWI attorney to be well versed. Springfield Missouri DWI Attorney Joel Harris has represented multiple clients in DWI cases and is well aware of the most recent case law updates.
10. Worsham, Will: * 1. Don't Panic. People get arrested for DWI all the time. It's not the end of the world. Take a Deep Breath and realize that this is a problem that can be handled. You will get through this. * 2. Gather all your paperwork You probably received quite a bit of paperwork. Get it all together and keep it that way. Your lawyer will want to review it and some of it contains specific information related to your driving privileges. * 3. Act Quickly In order to preserve your rights it is important to get a lawyer working on your case immediately. You can begin to lose your opportunity to challenge aspects of your case in as little as 15 days. * 4. Hire a lawyer By using our online submission form, you can quickly and easily hire Will Worsham and his staff of trained paralegals to begin work on your case. Our site is secure and your personal information is protected.
11. RGG Law: Any traffic violation, even a speeding ticket, can have a significant impact on your life, including higher automobile insurance rates, reduced driving privileges and more. More serious traffic offenses, such as DUI offenses, can have you facing possible jail time, hefty fines and additional penalties. In either case, hiring an experienced lawyer can help you protect your rights and reduce your consequences.
12. Whitaker & Wilson: * Driving While Intoxicated (DWI/DUI) * Boating While Intoxicated * Serious traffic charges - including speeding tickets, reckless driving, and driver's license violations * Property crimes - including theft, burglary, possession of stolen property, and arson * Violent crimes - including assault and battery, murder, and manslaughter * Drug possession and sale * White collar crimes - including check fraud, embezzlement, and perjury * Interstate parental kidnapping * And others
13. Sherwood, Honecker & Bender: family law, criminal defense, personal injury, and litigation
14. Wampler & Passanise: Police officers can fly over your backyard and take aerial spy photographs or run a drug dog sniffing around your car on the street or around your luggage at an airport or bus terminal. They can stop you on the public streets for little or no reason and demand to search your car and possessions, especially if you fit their idea of a profile.
15. Moore, Larry: DWI/DUI DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) can involve significant penalties, especially if it isn't your first DWI/DUI incident. If your blood alcohol content (BAC) is greater than .08, you could face serious consequences, including: * Suspended license * Increased insurance rates * Jail or prison time * Drug or alcohol treatment * Interlock devices
16. Young, Jeff: Hiring an attorney is an important decision that should not be based solely upon advertisements.
17. Morlan, Tad: An arrest for a DUI/DWI is not an automatic "guilty" of driving while intoxicated, but ONLY an accusation of such and that you have been taken to jail. You have rights and contacting an experienced and qualified attorney is a sure way to ensure that your rights are protected.
18. : What can happen to my license if I'm arrested for DWI? When a person is arrested for DWI or DUI in Missouri, several things can happen concerning the person's driver's license.  Missouri law provides that a driver arrested for Driving While Intoxicated is required as a condition of operating a motor vehicle on the public highways to submit to a test of their Blood Alcohol Content (BAC) upon reasonable request of a law enforcement officer (Missouri's Implied Consent Law).  Failing the test or refusing the test both result in a loss of driving privileges. Administrative Alcohol Suspensions If the arrested person takes a Blood Alcohol Content Test (BAC Test) and the result is over .08% (Missouri's legal limit) then the arresting officer will usually immediately seize the driver's license and issue a Notice of Suspension. What To Do If Stopped for DWI. * 1. Be Polite and Respectful The officer is just doing his or her job. There is no reason to be rude or disrespectful and it will definitely NOT help your case to be unkind. * 2. Do NOT Answer Questions. The officer will likely ask you if you have been drinking, where you have been, how much you've had to drink, etc. You have a Constitutional right not to answer these questions - - so don't. Politely tell the officer that you intend to exercise your constitutional rights not to answer questions. * 3. Ask if you are free to leave. If the officer tells you that you are not free to leave then any further questioning may result in a custodial interrogation invoking additional constitutional protections of your rights. You should politely inquire as to the officer's reason for stopping you and respectfully ask him or her to write you your ticket so that you can be on your way. * 4. DO provide your license and proof of insurance Always keep these items where you can quickly and easily locate them. Even completely sober people can sometimes fumble and search for proof of insurance that they stowed in their car months ago, but officers and prosecutors often make much of a person's inability to quickly locate these items. * 5. DO NOT perform Field Sobriety Tests There is no requirement that you perform Field Sobriety Tests. These tests include the Horizontal Gaze Nystagmus Test (eye test), Walk & Turn Test and One Leg Stand Test. Officers also routinely ask suspects to recite the alphabet without singing, count a specific series of numbers, touch fingertips or other tests. Just Say No. * 6. DO NOT take the Portable Breath Test (PBT) Many officers in Missouri now carry in their patrol cars what is known as a Portable Breath Test or PBT. While the result of this test cannot be used in court to support a conviction for DWI, it can be used to established probable cause to arrest. You are not required to take this test. * 7. Expect To Be Arrested At this point, although the officer has little if any evidence of intoxication (unless you are slobbering drunk and falling all over yourself in which case you REALLY SHOULDN'T BE DRIVING!) the officer is probably very frustrated that you have excercised your rights and will usually arrest you out of spite. Go along quietly -- he or she has every right to do so. * 8. Make An Informed Decision about the BAC Test. Once arrested and at the station you will be given the opportunity to submit to the official BAC test pursuant to Missouri's Implied Consent Law. Understand that by refusing to take the test, your license will be revoked for a year. However, taking the test will give the officer crucial evidence in proving a DWI case against you. The choice is yours and it is a difficult one. Without a test of Blood Alcohol Content and absent other evidence of intoxication, it is often difficult for the prosecution to prove their case in court when defended by an experienced DWI Trial attorney.
19. Steven Groce: Yes, the Cops are everywhere; and they are waiting tostop you! Any excuse will be used to stop your vehicle. Speeding or driving without your lights at night are sure ways to get stopped; but the Police State Goverment that we currently live under will use any pretext available to make a stop. If it is late at night, or if you are driving in an area where bars or night clubsare located, the grounds for stop become less and less, including things like an expired tag, or even a burned out license plate lamp. Sometimes, for no reason at all. Cops often follow vehicles leaving bars, and will look for the slightest reason to pull you over. It is a sad truth that in the United States the greatest percentage of money available for Law enforcement is focused on Drug and Alcohol violations.Visit a DWI road block some evening, preferrably on a bicycle, and see for yourself. With the lowering of the legal limit for blood alcohol in Missouri, and many other states, to .08, even the responsible driver who limited his or her consumption to a couple of glasses of wine with dinner is now at risk. PENALTIES FOR VIOLATION: The penalties for violation of the laws relating to DWI/DUI and BAC, normally fall into two categories. First, are the Criminal penalties for violation of the relevant statute, which may be imposed by the Court. These penalties include things like fines, possible jail time, community service and completion of educational programs. The Second type of penalties are civil in nature, and generally come from the Missouri Department of Reveune, Driver's License Bureau, in the form of License suspensions and revocations. For purposes of discussion here, I will focus on the Criminal penalties only. An entire separate page is devoted to to the Civil penalties. (Click on License Suspensions page) Under 577.010.2 RSMo., Driving while intoxicated, and also 577.012.3 RSMo., Driving with excessive blood alcohol content (BAC), are, for the first offense, a class B misdemeanor. What this means, is that even on a first offense, the range of punishment available to the Court, is up to 6 months in jail and/or up to $500.00, in fines. Fortunately, however, the maximum is rarely every imposed. The key words are ( up to), meaning the Judge is free to sentence anywhere within this range. The Court may grant complete probation; and in certain situations, the Court may even may even be willing to grant a Suspended Imposition of Sentence (S.I.S.), which under Missouri law, is not a conviction. PRIOR AND PERSISTENT OFFENDER STATUTES: Under 577.023.1(3) RSMo., a "Prior offender" is a person who had pleaded guilty to or has been found guilty of one intoxication-related traffic offense, where such prior offense occurred within five yers of the occurrence of the intoxication-related traffic offense for which the person is charged. DWI/DUI, BAC, and certain other offenses (defined under the definition of "intoxication-related traffic offense") are all included as priors for this purpose. Generally speaking, if you have a prior within the last 5 years, (of the occurrence) of the present offense, you can be charged as a prior offender. Under 577.023.1(2) RSMo., a "Persistent offender" is a person who has pleaded guilty to or has been found guilty of two or more intoxication related traffic offenses, where such two or more offenses occurred within ten years of the occurrence of the intoxication-related traffic offense for whcih the person is charged. Again, generally speaking, if you have two or more priors within 10 years, (of the occurrence) of the present offense, you can be charged as a persistent offender. The significance of the Prior and Persistent offender statutes, involves several things. First, in regard to the Prior offender statute, it is a Class A Misdemeanor, which doubles the range of punishment from the Court, to up to 1 year in jail, and/or up to $1,000.00 in fines. For a Persistent offender, it may now be charged as a Class D Felony, which carries up to 5 years in prison. In addition, Prior and Persistent offenders are barred by statute from any elgibility to receive a Suspended Imposition of sentece. 577.023.1(3)4 RSMo. goes on to state that: No Prior offender shall be elgible for parole or probation until he has served a minimum of five days imprisonment, unless as a condition of such parole or probation such person performs at least 30 days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service. No Persistent offender shall be elgible for parole or probation until he or she has served a minimum of ten days imprisonment, unless as a condition of such parole or probation such person performs at least sixty days of community service under the supervision of the court. IGNITION INTERLOCK DEVICE: 577.600.1 RSMo. "In addition to any other provisions of law, a court may require that any person who is found guilty of or pleads guilty to a first intoxication-related traffic offense, as defined in section 577.023, and a court shall require that any person who is found guilty of or pleads guilty to a second or subsequent intoxication-related traffic offense, as defined in section 577.023, shall not operate any motor vehicle unless that vehicle is equiped with a functioning, certified ignition interlock device for a period of not less than one month from the date of reinstatement of the person's driver's license. In addition any court authorized to grant a limited driving privilege under section 302.309, RSMo., to any person who is found guilty of , or pleads guilty to a second or subsequent intoxication-related traffic offense shall require the use of an ignition interlock device on all vehicles operated by the person as a required condition of the limited driving privilege." This statute is poorly written. Essentially, what it says is that on a first offense, the requirement is discretionary with the court. On a second offense, the court is required to order it. The last part says that if you obtain a limited driving privilege (Hardship license) from a court, to drive under a suspension/revocation resulting from a second or subsequent conviction, the court is again required to order it as a condition of the Hardship license. Finally, note that violation of any order from a court to use an interlock device is a Class A Misdemeanor (up to a year in jail and/or up to $1,000.00 in fines). Although it may not last for long, at the time of this writing, there is a wide variation in the enforcement of this statute by the courts. By law, the courts don't have a choice on a second offense. However, it is still sometimes possible to avoid having the court order it in the first place, depending on the jurisdiction, or the judge or the particular case.
20. Stacie Bilyeu: A "compact" can be an agreement among states regarding a matter of mutual interest. As the automobile became more ubiquitous, states began signing compacts to share information regarding drivers and traffic violations. The Driver License Compact (DLC) and Nonresident Violator Compact (NRVC) constitute such agreements and have facilitated the sharing of driver information to advance highway safety and related goals.
21. Bill Crowe: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury (or judge) must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .08 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .08 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit. In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
22. Lampert, Raymond: Missouri is one of the few states in the US where the number of alcohol related fatalities has actually increased since 1982. However, the percentage of alcohol related fatalities has gone down as the total number of highway fatalities has increased. The alcohol related death rate per 100 million VMT (see explanation below) has also decreased. In 2004, out of all traffic fatalities, 34% involved a blood alcohol concentration (BAC) of 0.08 or higher Fatalities 2004 Total - 1,130 Alcohol Related - 449 Percent Alcohol Related - 40 Above .08 BAC - 388 Percent above .08 - 34 Points are added to a driverÕs record for an alcohol related traffic conviction. First conviction for excessive blood alcohol content (BAC) 8 points First conviction for driving while intoxicated (DWI) or driving under the influence of drugs (DUID) 8 points Second or subsequent conviction for DWI, DUID or BAC 12 points Commercial motor vehicle .04% 2 points A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met. A person convicted of operating a commercial motor vehicle while his or her alcohol content is .04% will be assessed 2 points and disqualified from driving a commercial motor vehicle for one year. Multiple Convictions A driver convicted of a second alcohol offense, regardless of the length of time between convictions, is revoked for a period of one year. A driver convicted of driving while intoxicated for the second time in a five year period also receives a five year license denial. A ten year license denial is imposed against any individual convicted three or more times for driving while intoxicated, excessive blood alcohol content (BAC) or a combination thereof. After ten years, the privilege to drive can be restored only by court order. Reinstatement A person whose driving privilege is suspended or revoked may have his or her driving privilege reinstated after the suspension or revocation period is served if all requirements are filed with the Department of Revenue. If a driver does not satisfy the reinstatement requirements, the driving privilege remains suspended or revoked. Anyone suspended or revoked for points assessed as a result of an alcohol related conviction must meet the following reinstatement requirements: Pay a $45 reinstatement fee. File and maintain proof of financial responsibility for two years from the suspension or revocation date. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any driver revoked for at least one year is also required to take and pass the complete driver examination and apply for a new license at proper fee. Administrative Alcohol Arrests A person arrested for driving with a blood alcohol content of .08 percent or higher is processed administratively as well as, criminally. Minors arrested or stopped with .020% or more blood alcohol content are also subject to the administrative sanctions under section 302.500 through 302.540. The arresting officer completes and sends information to the Department of Revenue, including the following. Alcohol Influence Report form (AIR). Missouri Uniform Complaint and Summons, or warrant, if applicable. Notice of Suspension/Revocation of Driving Privilege and Temporary 15-Day Driving Permit (this will only be issued if the individualÕs license is taken). Missouri Driver License, if secured. Hearing Process The driver has 15 days from the date of the arrest to request an administrative hearing. If requested, a hearing is scheduled by the Department of Revenue in the county of arrest or may be held by telephone. In most cases, the administrative records are sufficient to serve as the arresting officerÕs testimony during the administrative hearing. In some instances, however, the arresting officer may be subpoenaed to appear. Suspension/Revocation If the action is upheld, the driver license is suspended or revoked based on the prior five year driver record. If convicted or suspended during the past five years for an alcohol related law enforcement contact, the person is revoked for one year, if not, a 30 day suspension is imposed. The 30 day suspension is followed by a 60 day restricted driving privilege. The effective date of the suspension or revocation is 15 days after the final order of the hearing officer is mailed from the Department of Revenue. If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final. If the suspension/revocation is upheld at the administrative hearing, the individual can petition the circuit court for further review. The suspension or revocation is still imposed even though a circuit court review is pending. If the arrest is upheld by the court, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, the suspension or revocation is canceled and the license is returned, if applicable. The reinstatement requirements are: Pay a $45 reinstatement fee. File and maintain proof of financial responsibility (SR-22 filing) for two years from the suspension or revocation date. However, proof of financial responsibility is not required for minors suspended on a first offense under the zero tolerance law. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. If revoked, the individual is required to take the complete written and driving tests before applying for a new license. Chemical Test Refusal MissouriÕs implied consent law requires a driver to submit to a chemical test when requested by a law enforcement officer. If the driver refuses to submit to the test, the license is revoked for one year. Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form or a Refusal Affidavit. The arresting officer will take possession of any valid Missouri Driver License the driver has in his or her possession and issue a 15 day permit. Any continued driving beyond the initial 15 day period must be pursuant to a court issued stay order. The stay order will hold the revocation in abeyance until disposition of the case. If the arrest is upheld by the court, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, the revocation is canceled and the license is returned, if applicable The reinstatement requirements are: Pay a $45 reinstatement fee. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Abuse and Lose If ordered by the court, anyone under the age of 21 years of age may have his or her driving privilege suspended or revoked for any one of the following reasons: Any alcohol related traffic offense. Any offense involving the possession or use of alcohol while operating a motor vehicle. Any offense involving the possession or use of a controlled substance. Any offense involving the alteration, modification or misrepresentation of a driver license. A second offense involving the possession or use of alcohol by someone under 18 years of age. The first withdrawal action under the Abuse and Lose law shall be for 90 days and any subsequent action shall be for one year. The reinstatement requirements are: Pay a $45 reinstatement fee. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Minor in Possession/Other Alcohol Offenses Statutory References: 311.325 and 577.500 Conviction Two points are added to a driverÕs record for a minor in possession traffic conviction. The person must have been operating a motor vehicle. Court Ordered Suspension/Revocation If ordered by a state court, any person more than 15 and under 21 years of age may have his or her driving privilege suspended or revoked for any one of the following reasons: Purchasing or attempting to purchase any intoxicating liquor. Possessing any intoxicating liquor. Being visibly intoxicated as defined in section 577.001, RSMo. Having a blood alcohol content level of more than .020 percent. The first withdrawal action under the Minor in Possession/Other Alcohol Offenses law shall be for 30 days, the second withdrawal action shall be for 90 days, and the third or subsequent withdrawal action shall be for one year. The reinstatement requirements are: Pay a $45 reinstatement fee. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Automatic License Suspension How can I get my driver license back when it is suspended/revoked under the Administrative Alcohol Law? Send the following items to the Driver License Bureau, P.O. Box 200, Jefferson City, MO 65105-0200 before your suspension/revocation period ends. Substance Abuse Traffic Offender Program (SATOP) completion form or a comparable program completion form. The Division of Alcohol and Drug Abuse will send this form directly to us after you complete the program. $45 reinstatement fee. Money order or personal check is acceptable. Please include your full name, address, date of birth, and driver license number. Proof of insurance (SR-22). It must be kept for two (2) years from the starting date of your suspension/revocation. The SR-22 is not required for minors suspended/revoked for the first time testing with a blood alcohol level of .020% or more. When will I get my driver license back? If you have met your reinstatement requirements, you can get your driver license back 90 days from the starting date of your suspension. We will send the license back to you with your reinstatement notice. If your license was revoked for one year, and you have met your reinstatement requirements, you must retest and complete an application for a Missouri driver license before driving. Can I have any type of driving privilege while I am suspended/revoked? If you have been revoked, you are not eligible for any type of driving privilege. If you have been suspended, you must serve the first 30 days of your suspension without driving. After the first 30 days, you may receive a 60-day Restricted Driving Permit for work, school, and to attend an alcohol education/treatment program. You do not have to apply for this permit. One may be issued to you after you file an SR-22 with our office, if you are otherwise eligible. The SR-22 is not required for minors suspended for testing .020% or more. If you have been suspended, you also have a second option. You may apply for a Limited Driving Privilege (hardship license). You must serve the first 30 days of your suspension without driving. After the first 30 days, you can apply for the hardship license. The hardship license can be used for work, your alcohol program, medical treatment, school, etc. After September 30, 2005, a person cannot obtain a hardship license to drive a commercial motor vehicle. NOTE: Only one hardship license can be given to you in a 5-year period. Therefore, if you only need to drive to and from work and/or an alcohol education/treatment program, you may drive on your restricted driving privilege instead of applying for a hardship license. How long do I need the SR-22 insurance filing? You need to file the SR-22 for two (2) years from the starting date of your suspension or revocation. The SR-22 is not required for minors suspended/revoked for the first time testing .020% or more. Will I have to retake my test? You will have to retake your test if you have been revoked or your license has been expired for more than 6 months. How do I request a hearing? Within 15 days from the date the Notice of Suspension/Revocation is issued to you, a written request must be received by, or postmarked to: Missouri Department of Revenue, Driver License Bureau, P.O. Box 3700, Jefferson City, MO 65105-3700 You must indicate on the hearing request whether you want to have your hearing in-person or by telephone. If you do not request an in-person hearing, a telephone hearing will be scheduled. If a hearing is granted, a permit to drive will be mailed to you if you have surrendered your driver license and are eligible to drive in Missouri. The permit will allow you to drive until 15 days after the decision from the hearing is mailed to you. If you do not correctly request a hearing within 15 days from the date the Notice of Suspension/Revocation is issued to you, your hearing will be denied and no further appeal is possible. Your hearing date and time will be mailed to you. If you have hired an attorney, please ensure you have provided the personÕs full name and current mailing address on your request for hearing. What is an SR-22 insurance filing? It is a form from your insurance company that shows your motor vehicle has liability insurance. Why do I need to complete a SATOP, I was not convicted? If you drove with a blood alcohol content above the legal limit, the law requires you to complete a SATOP. When will the administrative suspension or revocation come off my driver record? Never, as the law requires this to be part of your driver history.