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License Suspension Hearings

Kansas City Criminal Defense

License Suspension & Administrative Hearings

You have 15 days from your DWI arrest to request an administrative hearing — or your license suspension takes effect automatically. This proceeding is separate from your criminal case, and it's your only chance to fight the suspension before it starts. Don't let the deadline pass.

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What Is an Administrative License Hearing?

When you're arrested for DWI in Missouri and you either fail the breath test (.08% or above) or refuse to take it, the arresting officer submits paperwork to the Missouri Department of Revenue to suspend or revoke your driving privileges. This is an administrative action — completely separate from the criminal DWI charge — and it happens automatically unless you take action.

You have exactly 15 days from the date of your arrest to request an administrative hearing to challenge the suspension or revocation. If you don't request the hearing within that window, the license action takes effect automatically and you lose the opportunity to fight it.

Suspension vs. Revocation

What You're Facing Depends on the Circumstances

  • Failed breath test (first offense) — 90-day suspension: 30-day hard suspension (no driving at all) followed by 60 days of restricted driving privilege (work, school, medical, treatment).
  • Refused breath test (first offense) — 1-year revocation: 90-day hard revocation (no driving at all) followed by eligibility for a restricted license with ignition interlock for the remaining 9 months.
  • Second or subsequent offense — 5-year revocation: Significantly longer revocation period with more restrictive conditions for any limited driving privilege.
  • Third or subsequent offense — 10-year revocation: The most severe license consequence in Missouri DWI law.

What Happens at the Administrative Hearing

The administrative hearing is conducted by a hearing officer from the Department of Revenue — not a judge. The hearing is an opportunity to challenge the basis for the suspension or revocation. The issues at the hearing typically include:

Issues We Challenge at the Hearing

  • Did the officer have reasonable grounds for the stop? If the traffic stop was unlawful, the arrest and test that followed are invalid.
  • Did the officer have probable cause to arrest? The arrest must be supported by sufficient evidence of intoxication.
  • Was the breath test administered properly? Calibration records, operator certification, observation period, and testing protocol are all challengeable.
  • Was the implied consent warning properly given? In refusal cases, the officer must have correctly informed you of the consequences before requesting the test.
  • Was the refusal clear and unequivocal? Confusion, hesitation, or asking to speak with an attorney may not constitute a legal refusal.

If the hearing officer finds in your favor on any of these issues, the suspension or revocation is set aside and your driving privileges are preserved. Even if the hearing doesn't result in a reversal, it provides valuable discovery for the criminal case — including the officer's testimony under oath.

Why the Administrative Hearing Matters for Your Criminal Case

The administrative hearing is one of the only pre-trial opportunities to get the arresting officer on the record under oath. The officer's testimony at the hearing can be used to identify inconsistencies, lock in their version of events, and obtain information that strengthens your defense in the criminal case. Many defense attorneys view the administrative hearing as a free deposition of the arresting officer — and the information obtained is often more valuable than the license outcome itself.

Frequently Asked Questions About License Suspension Hearings

What is the 15-day deadline?
You have exactly 15 days from the date of your DWI arrest to request an administrative hearing with the Missouri Department of Revenue. This is a hard deadline — if you miss it, the suspension or revocation takes effect automatically and you lose the opportunity to challenge it. Contact an attorney immediately after your arrest.
Is the administrative hearing the same as my criminal court date?
No. These are two completely separate proceedings. The criminal case is prosecuted by the county or city prosecutor in criminal court. The administrative hearing is conducted by the Department of Revenue and deals only with your driving privileges. You need to respond to both.
Can I drive during the suspension?
It depends. For a first-offense failed breath test, the first 30 days are a hard suspension with no driving. After that, you may be eligible for 60 days of restricted driving (work, school, medical, treatment). For a refusal, the first 90 days are a hard revocation with no driving at all.
What can be challenged at the hearing?
The legality of the traffic stop, probable cause for the arrest, proper administration of the breath test, proper delivery of the implied consent warning, and whether the refusal was clear and unequivocal. A successful challenge on any of these issues can result in the suspension being set aside.
Even if I lose the hearing, does it help my criminal case?
Yes. The hearing puts the arresting officer on the record under oath — their testimony can be used to identify inconsistencies and lock in their version of events. Many defense attorneys view the administrative hearing as a free deposition of the arresting officer that strengthens the criminal defense.
How quickly should I contact an attorney?
The day of or the day after your arrest. The 15-day deadline is non-negotiable, and your attorney needs to file the hearing request, obtain the officer's report, and begin preparing your case. Call The Hartley Law Firm at 816-451-0909.

Don't Let the 15-Day Deadline Pass

Your license suspension hearing is your one shot to fight the suspension. Call The Hartley Law Firm today — before time runs out.

Book Your Free Consultation Or call now — 816-451-0909