Have A Question? Search This Site:
Understanding Automatic License Suspension After a DWI in Missouri
For anyone facing a DWI (Driving While Intoxicated) charge in Missouri, one of the first questions is often whether the loss of driving privileges happens automatically. The short answer is: yes, in most cases, license suspension begins almost immediately, regardless of how the criminal case plays out.
Missouri law has two distinct paths for DWI-related license consequences: administrative actions handled by the Department of Revenue and criminal penalties determined by the court. The administrative process moves swiftly and independently from court outcomes, which can catch drivers off guard.
This post provides a full explanation of how and when license suspension begins after a DWI arrest in Missouri. It also clarifies the difference between automatic suspension and court-imposed penalties, while detailing what drivers can expect and how they may qualify for restricted driving privileges.
Throughout this guide, we’ll use the state-appropriate term DWI, as Missouri uses this acronym instead of DUI. Understanding this terminology is key when reviewing Missouri-specific processes and laws.
Let’s explore the scenarios where license suspension is automatic—and what steps follow.
Administrative Suspension: What Happens After a DWI Arrest
In Missouri, most DWI-related license suspensions begin as administrative actions triggered by the Department of Revenue. These occur if:
- You fail a chemical test (with a blood alcohol content of 0.08% or more), or
- You refuse to take a chemical test when requested by law enforcement
These actions are not dependent on a court ruling. In fact, license suspension can start before your court date ever happens.
Here’s how the administrative process typically works:
- After a failed BAC test, officers issue a Notice of Suspension/Revocation
- This notice allows the driver to continue driving for 15 days on a temporary permit
- After 15 days, the license is automatically suspended, unless a hearing is requested and granted
This system is designed to remove impaired drivers from the road quickly, without waiting for a court verdict. It is entirely separate from any criminal charges that may also be pending.
Even if charges are dropped later, the administrative suspension still stands unless it is successfully challenged during the limited appeal window.
Is Refusing a Chemical Test Treated Differently?
Yes—and the consequences are often more severe. Missouri enforces Implied Consent laws, meaning that anyone operating a vehicle is presumed to have consented to a chemical test if arrested for suspected DWI.
Refusing a chemical test triggers an automatic one-year license revocation, regardless of prior driving history or the outcome of the DWI case in court. This penalty is known as a Chemical Revocation, and it includes:
- Immediate seizure of the driver’s license
- A 15-day temporary permit
- One full year of revoked driving privileges (unless successfully appealed)
Unlike the 90-day suspension for failing a BAC test, refusal leads to a longer and less flexible penalty. It may also include the requirement to install an ignition interlock device (IID) as a condition of reinstatement.
Chemical refusals can also be used against a driver in court, further complicating both the legal and administrative outcomes.
Court-Imposed Suspension: Separate From the Administrative Penalty
In addition to administrative actions, Missouri courts may impose their own criminal penalties following a DWI conviction. These can include extended license suspension or revocation periods—especially for repeat offenses.
Some examples of court-imposed penalties include:
- First offense (criminal): Up to 90 days suspension (often overlaps with administrative action)
- Second offense: One-year revocation
- Third offense: Ten-year denial of driving privileges
These penalties are in addition to—not instead of—the administrative actions described above. That means it’s possible to face a double suspension: once from the Department of Revenue, and again through a court order following conviction.
In some cases, the two penalties may overlap in time. In others, one may begin after the other ends, depending on how each agency processes the case.
Challenging an Automatic Suspension: What Are Your Options?
After receiving a Notice of Suspension or Revocation, Missouri drivers have the right to request a hearing to contest the action. This is known as an administrative hearing and must be requested quickly—typically within 15 days of receiving the notice.
During the hearing, the driver can present evidence or argue that:
- The traffic stop was not legally justified
- The BAC results were inaccurate or improperly administered
- The test refusal was not a refusal under the law
However, these hearings are limited in scope and only address specific procedural and evidentiary issues. Winning an administrative hearing does not affect the criminal case.
If no hearing is requested—or if the hearing results in an unfavorable decision—the license suspension becomes final on the specified date and continues for the full duration.
Restricted Driving Privileges During Suspension Periods
Even if suspension is automatic, many drivers in Missouri are eligible for Restricted Driving Privileges (RDPs). These allow individuals to drive for specific purposes, such as commuting to work, attending school, or receiving medical treatment.
Eligibility depends on several factors:
- First-time DWI offenders are often eligible for an RDP after a 30-day hard suspension
- Those with a refusal revocation may also qualify but must meet more stringent requirements
- Repeat offenders or those with high BAC levels may be required to install an ignition interlock device
Common RDP requirements include:
- Filing of SR-22 insurance
- Completion of a Substance Abuse Traffic Offender Program (SATOP)
- Payment of reinstatement fees
- Adherence to IID installation guidelines (when required)
Restricted licenses are not guaranteed. Drivers must apply and meet all conditions before approval is granted.
When Does License Suspension Actually Begin?
In most cases, license suspension begins 15 days after arrest if no hearing is requested. For refusals, revocation starts 15 days after the notice is issued. If a driver chooses to request a hearing, suspension may be delayed until the hearing takes place—but only if the request is made on time.
The timeline looks like this:
- Day 0: DWI arrest and issuance of Notice of Suspension or Revocation
- Days 1–15: Driver operates under a temporary permit
- Day 16: License suspension begins (unless a hearing has paused the process)
If a court later imposes a separate suspension, it may begin after the administrative penalty ends—or concurrently, depending on how the court structures the sentence.
Drivers must keep track of both timelines and understand that reinstatement from administrative suspension does not automatically reinstate privileges revoked by the court.
FAQ: Automatic License Suspension in Missouri
Q: Is license suspension automatic after a DWI arrest in Missouri?
A: Yes. Failing or refusing a chemical test triggers automatic administrative suspension, regardless of court outcomes.
Q: How long do I have to request a hearing to challenge the suspension?
A: You typically have 15 days from the date of the Notice of Suspension or Revocation to request an administrative hearing.
Q: Can I drive after a DWI arrest in Missouri?
A: You may drive for 15 days using a temporary permit issued by law enforcement, unless that window is extended by a hearing request.
Q: Does winning the criminal case stop the suspension?
A: Not necessarily. Administrative and criminal processes are separate. You must challenge both to avoid suspension from each.
Q: Am I eligible for a restricted license during suspension?
A: Many drivers are, especially first-time offenders. However, SR-22 insurance, SATOP enrollment, and possibly an IID may be required.
Conclusion
In Missouri, license suspension is often automatic following a DWI arrest, whether due to a failed chemical test or a refusal to take one. These administrative penalties occur separately from any criminal court proceedings, and they can begin almost immediately. Understanding the dual-track system of administrative and criminal consequences is key to navigating the post-arrest process.
To explore the broader range of penalties and consequences tied to a Missouri DWI, visit our overview on DWI penalties and consequences.
For a closer look at how license suspensions and restricted driving options work, review our dedicated guide on license suspension and driving restrictions after a DWI.