Is Your License Immediately Revoked After a First DWI?

DWI Springfield, MO

If you are charged with a DWI in Missouri, you face strict penalties, even if it is your first offense. The Missouri Department of Revenue suspends licenses of first-time offenders. However, the length of the suspension depends on whether you took or refused a breathalyzer test. Learn about the penalties, as well as your options to restore your driving privileges after getting arrested for a DWI in Missouri.

Missouri DWI penalties and legal options

Drivers who blow an 0.08% BAC or higher will have the driving privileges suspended for 30 days and then have Restricted Driving Privileges for 60 days. Those who refuse to take the breathalyzer test and are convicted of a DWI will lose their licenses for a year. People in both situations can restore driving privileges sooner, as long as the criteria are met. Those who fail to restore their driving privileges will have to stop driving 15 days after the DWI arrest.

Filing a petition for review

Drivers who refuse to take a breathalyzer test can file a Petition of Review. People only have 30 days to file the petition. The Department of Revenue acts as the prosecutor in the case. A first-time offender might be offered an SIS (suspended imposition of sentence) agreement, which means the person admits to the DWI without being convicted and losing the license. To reach an agreement, the defendant must agree to different restrictions, such as not drinking for one to two years, avoiding places that serve alcohol, and complying with all laws for two years.

Filing an administrative review

Drivers who are charged with DWI after blowing 0.08% or higher can file an Administrative Review to fight the charges. The paperwork must be filed within 15 days of the DWI. For the case to be successful, the defendant must prove that there was no probable cause for the arrest, or the breathalyzer results were not accurate. For example, if the device was not properly calibrated, the defendant could win the case and have the license reinstated immediately.

Getting restricted driving privileges

Drivers might be eligible to get Restricted Driving Privileges immediately after the DWI conviction. To qualify, drivers must file a "Request for Immediate 90-Day Restricted Driving Privilege" form within 15 days of the notice to suspend the license. Drivers also must install an ignition interlock device and obtain SR-22 insurance. Then, the drivers need to file proof of installation and insurance.

Seek legal counsel

Missouri takes DWI penalties seriously. If you have been convicted of a DWI, you could be forced to live without your license for months or even a year. Seek legal counsel to file a Petition for Review, an Administrative Review, or to get your restricted driving privileges. Your attorney will help you navigate the difficult process as you get closer to restoring your driving privileges.

Call us at (417) 865-2181 for more information from Dean Price Law or to schedule a consultation in our office in Springfield. NOTE: This is for informational purposes only and does not constitute legal advice.

Check out what others are saying about our services on Yelp: Read our Yelp reviews.

Recent Posts

Missouri Victim Representation Lawyer: Domestic Violence

If you are a victim of domestic violence, a victim representation attorney can advocate on your behalf. Your attorney will use the law to protect you from future violence. Dealing with domestic violence alone is frightening and dangerous. With an attorney in your corner, you will be ready to face the situation.Many victims of domestic…

Expunging A First-Offense DWI Conviction In MO

If you have been convicted of a DWI in Missouri, you may be worried that it will follow you for the rest of your life. However, you may be eligible to expunge your first offense conviction. An expungement will clear the conviction from your records, allowing you to break free of your past. Learn more about expunging…

When Do I Need To Hire A Defense Lawyer?

A defense lawyer can help you deal with any criminal charges in Missouri. However, you may not be sure when you should contact an attorney. The answer depends on your specific situation. In this blog post, we will go over some common instances where you may benefit from hiring a defense lawyer.Though people can benefit…

Reasons To Hire A Criminal Defense Attorney

There are many reasons to get a Criminal Defense Attorney. For example, if the issue involves the constitution, you will want the attorney. The same is true if you have been accused of a crime. Keep reading to find out when you might need to have a criminal defense attorney.Unfortunately, authorities may occasionally violate an…

Recent Posts

Missouri Victim Representation Lawyer: Domestic Violence

Missouri Victim Representation Lawyer: Domestic Violence

If you are a victim of domestic violence, a victim representation attorney can advocate on your behalf. Your attorney will use the law to protect you from future violence. Dealing with domestic violence alone is frightening and dangerous. With an attorney in your corner, you will be ready to face the situation.Many victims of domestic…

Expunging A First Offense DWI Conviction In MO

Expunging A First-Offense DWI Conviction In MO

If you have been convicted of a DWI in Missouri, you may be worried that it will follow you for the rest of your life. However, you may be eligible to expunge your first offense conviction. An expungement will clear the conviction from your records, allowing you to break free of your past. Learn more about expunging…