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Understanding the DMV Process After a Missouri DWI Arrest
In Missouri, a Driving While Intoxicated (DWI) arrest doesn’t only lead to criminal charges—it also triggers a separate process through the Missouri Department of Revenue (DOR) that can impact your driver’s license. This administrative process is entirely separate from the court system and is centered around a DMV hearing, which determines whether your driving privileges will be suspended or revoked.
After a DWI arrest, you will likely receive a Notice of Suspension or Revocation if your Blood Alcohol Concentration (BAC) was 0.08% or higher, or if you refused to take a chemical test. This notice starts a strict countdown: you have 15 days from the date of issuance to request a hearing with the DOR to contest the action.
If you don’t request a hearing within that 15-day window, your license suspension begins automatically. For many drivers, this can happen long before the court case is resolved. Understanding how DMV hearings work helps clarify your options and the importance of responding quickly after a DWI arrest in Missouri.
This administrative process operates under its own rules, timelines, and consequences—and it’s not something to ignore.
Why DMV Hearings Are Separate From Court
A key point to understand is that DMV hearings in Missouri are entirely independent of the criminal court system. While the court decides whether you’re legally guilty of DWI, the DMV hearing only determines whether your driving privileges should be suspended or revoked based on your chemical test results or refusal.
This separation means that:
- You can win your criminal case but still lose your license through the DMV.
- You can fail your DMV hearing but still avoid a criminal conviction.
The DMV’s burden of proof is lower than in criminal court. They don’t need to prove guilt beyond a reasonable doubt—just that there was probable cause to believe you were driving while impaired, and that a valid test showed a BAC of 0.08%+ or that you refused testing.
Because these are two different legal processes, you must handle them both individually and within their respective timelines. Ignoring the DMV hearing doesn’t delay or protect your license—it just causes an automatic suspension or revocation to go into effect.
How to Request a DMV Hearing in Missouri
If you want to contest your license suspension or revocation after a DWI arrest in Missouri, you must formally request a hearing from the Missouri Department of Revenue. This must be done within 15 days of receiving the Notice of Suspension or Revocation.
To request the hearing:
- Follow the instructions provided on the Alcohol Influence Report or Notice of Suspension/Revocation form.
- Submit the request in writing to the Department of Revenue’s Driver License Bureau.
- Ensure your request is received by the deadline—not postmarked.
Once your request is accepted, a hearing date is scheduled, which may take place in person, by phone, or through written submissions, depending on the specifics of the case and jurisdiction.
If you fail to request a hearing in time, your license will be automatically suspended (or revoked, in the case of refusal) when the 15-day temporary driving permit expires. There are no extensions or exceptions for late submissions.
This hearing is one of your only chances to challenge the administrative action against your license—making it a critical step in the post-arrest process.
What Happens During a DMV Hearing
During a Missouri DMV hearing, the focus is narrow and specific. The hearing officer—an administrative official, not a judge—reviews the circumstances surrounding your DWI arrest and the outcome of your chemical test (or your refusal to take one).
The key issues under review include:
- Whether the officer had reasonable grounds to believe you were operating a vehicle while intoxicated
- Whether you were lawfully arrested
- Whether you had a BAC of 0.08% or more, or refused to submit to testing
- Whether the test equipment was properly calibrated and administered
You (or your legal representative) can present evidence, submit documents, and question the officer’s report. However, DMV hearings are typically more limited than criminal trials. There is no jury, and many of the rules of evidence do not apply in the same way.
After the hearing, the hearing officer will issue a written decision. If the suspension or revocation is upheld, the DMV will notify you of the outcome and your rights to appeal the decision through the courts.
This process is not about proving guilt or innocence in the criminal sense—it’s about whether your driving privileges should be temporarily restricted based on the circumstances of your arrest.
Outcomes of a DMV Hearing in Missouri
There are two possible outcomes from a Missouri DMV hearing:
1. Suspension or Revocation Upheld
If the hearing officer rules in favor of the Department of Revenue:
- First-time BAC of 0.08%+: You’ll face a 90-day license suspension
- 30 days no driving
- 60 days restricted driving (work/school/etc.)
- Refusal to test: A 1-year revocation of your license is imposed
- No restricted license for the first 90 days
In both scenarios, you may be eligible for limited driving privileges or required to install an ignition interlock device depending on the details of your case and driving history.
2. Suspension or Revocation Overturned
If the hearing officer finds procedural or evidentiary issues—such as an improper stop or faulty chemical test—the action may be overturned, and your license will not be suspended or revoked. This outcome is less common but does happen, especially when proper legal challenges are raised during the hearing.
Regardless of the result, the DMV hearing decision does not affect the criminal case directly. That process continues through the courts on its own track.
What Happens If You Don’t Request a Hearing
Failing to request a DMV hearing within the 15-day window means:
- The license suspension or revocation begins automatically after the temporary permit expires
- You lose the chance to challenge the administrative action
- You will have to serve the full suspension or revocation period unless otherwise eligible for restricted privileges
Many drivers misunderstand this part of the DWI process and assume the court case will take care of everything. But the administrative process moves quickly, and the window to act is short.
Once the decision is final, you may still apply for limited driving privileges, but your opportunity to prevent the suspension entirely has passed. Acting quickly after arrest is essential.
Reinstating Your License After a DMV Suspension
Once the suspension or revocation period ends, you can apply for license reinstatement through the Missouri Department of Revenue. The requirements may include:
- Proof of SR-22 insurance
- Completion of SATOP (Substance Abuse Traffic Offender Program)
- Payment of reinstatement fees
- Installation of an ignition interlock device (if required)
Reinstatement is not automatic—you must complete all required steps before you regain full driving privileges.
Depending on the type of suspension, you may also need to serve a restricted driving period with certain conditions before full reinstatement is allowed. This is especially common in refusal cases or those involving repeat offenses.
FAQ About DMV Hearings After a DWI in Missouri
How soon do I have to request a DMV hearing after a DWI arrest?
You have 15 days from the date of the Notice of Suspension or Revocation to request a hearing.
Is the DMV hearing part of the court case?
No. It’s a separate administrative process handled by the Missouri Department of Revenue.
Can I still lose my license if I win my court case?
Yes. License suspension through the DMV is independent of the court’s outcome.
What happens if I miss the hearing request deadline?
Your license will be automatically suspended or revoked, and you lose the chance to contest it.
Can I have a lawyer represent me at the DMV hearing?
Yes. You have the right to legal representation, and it’s often helpful when challenging test results or procedure.
What’s the penalty for refusing a chemical test in Missouri?
A 1-year license revocation, with no eligibility for a restricted license during the first 90 days.
Will I get my license back automatically when the suspension ends?
No. You must complete reinstatement steps, including fees, SR-22 insurance, and SATOP.
Conclusion
A DMV hearing in Missouri is a critical part of the DWI process that directly affects your driving privileges. It runs separately from your court case and follows its own deadlines, rules, and procedures. Whether you’re facing a suspension for high BAC or a revocation for refusal to test, understanding how and when to request a hearing is key.
For a full breakdown of how the system works from start to finish, see our DUI process and timeline. To dive deeper into what happens specifically after a DWI arrest, read DMV hearings and license actions after a DUI arrest.