Most people arrested for DWI in Missouri focus on the criminal charge and their first court date. But the arrest also starts a second, separate case: an administrative action by the Missouri Department of Revenue against your driver’s license. That case moves faster than the criminal case, and it comes with a deadline that is easy to miss.
One Arrest, Two Cases
The criminal case is handled by the prosecutor and the court. It decides whether you are convicted of DWI and what sentence applies.
The license case is handled by the Department of Revenue. It decides whether your driving privilege is suspended or revoked, and it runs on its own track, separate from the criminal charge. The two cases have different deadlines, different decision-makers and different rules, so dealing with one does not take care of the other.
The Paper the Officer Gave You
If a breath or blood test showed a blood alcohol content of .08% or more (.02% for drivers under 21), the officer will usually take your license and hand you a Notice of Suspension/Revocation, known as Form 2385. Keep it somewhere safe and read it carefully. If the officer marked it that way, the notice also serves as a 15-day temporary driving permit.
The 15-Day Deadline
Under Missouri law, the suspension or revocation takes effect 15 days after you receive that notice. To challenge it, you have to request an administrative hearing in writing, and the request must be received or postmarked within those 15 days. If the request is late, the Department of Revenue denies the hearing and there is no further appeal.
If you request a hearing on time, the suspension is put on hold until the hearing is decided. As long as you are otherwise eligible to drive, you can generally keep driving until 15 days after the decision is mailed to you.
You or your attorney can send the request, and the bottom of Form 2385 can be used for it. You can ask for an in-person hearing; if you don’t, the hearing will be held by phone.
What Is at Stake
- A first administrative suspension lasts 90 days. You may be eligible for a restricted driving privilege during it.
- If you had an alcohol- or drug-related traffic suspension or conviction in the past five years, the action is a one-year revocation instead.
- Getting your license back generally requires completing SATOP, Missouri’s substance abuse traffic offender program, even if the criminal charge never results in a conviction, plus filing SR-22 proof of insurance for two years.
- Some drivers must also use an ignition interlock device after reinstatement.
- Administrative alcohol suspensions and revocations stay on your driving record permanently.
If You Refused the Test
A refusal follows a different path. Under Missouri’s implied consent law, refusing a chemical test leads to a one-year revocation of your driving privilege, and the officer issues a 15-day temporary permit. A refusal revocation is challenged by petitioning the circuit court in the county where you were stopped or arrested, not through the Department of Revenue hearing request. That court process has its own requirements, so talk to a lawyer promptly. Our DWI refusal page explains more.
Arrested in Kansas Instead?
Kansas has a similar but separate process with a shorter clock. After a DUI arrest in Kansas, you have 14 days from service of the officer’s notice to request an administrative hearing, and a fee is required. See our Kansas DUI page for details.
What to Do This Week
- Find the notice you were given and note the date it was issued. Count 15 days from that date.
- Send your written hearing request well before the deadline. Keep a copy and proof of the date you sent it.
- Write down what you remember about the stop, any field sobriety tests and the breath or blood test while it is still fresh.
- Talk with a DWI defense attorney before making decisions in either case.
For a closer look at how these hearings work, see our page on license suspension hearings. If you were arrested in the Kansas City area and the 15-day clock is running, you can book a free consultation or call 816-451-0909.
