Justin Hunt is a defence lawyer based in Kansas City, Missouri, and working at KC…
Missouri DWI Court Process & License Suspension Timeline
Missouri DWI Court Process & License Suspension Timeline: A Kansas City Defense Guide
Facing a DWI (Driving While Intoxicated) charge in Missouri, particularly in the Kansas City area, triggers two distinct, critical legal proceedings: the Administrative Case and the Criminal Case. Each operates independently, has unique deadlines, and targets different consequences (your license status vs. your criminal record). Understanding this dual path is essential for mounting a successful defense.
The Dual Nature of a Missouri DWI Charge (Administrative vs. Criminal)
A single DWI arrest starts two separate legal actions:
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The Criminal Case: Handled by the Municipal or Circuit Court. This case determines your guilt or innocence, leading to potential penalties like jail time, fines, and a permanent criminal conviction.
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The Administrative Case: Handled by the Missouri Department of Revenue (DOR). This focuses solely on the status of your driving privileges and whether your license should be suspended or revoked based on a failed chemical test (BAC .08%) or a refusal to test.
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Immediate Steps After a DWI Arrest in Kansas City
The process begins with the traffic stop and subsequent procedures:
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Investigation and Testing: An officer must have reasonable suspicion for the stop. You may be asked to perform Field Sobriety Tests (FSTs) and a Preliminary Breath Test (PBT). You have the right to politely decline FSTs and the PBT.
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Implied Consent and Chemical Testing: After a formal arrest, you are subject to the Implied Consent Law, meaning you consent to an official chemical test (breath, blood, or urine). Refusal results in an immediate, automatic one-year license revocation on the administrative side.
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Form 2385: Upon release, the officer issues the Notice of Suspension/Revocation of Driving Privilege (Form 2385), which acts as a temporary 15-day driving permit. This form signals the start of the Administrative Case clock.
Critical Administrative Case: 15-Day License Suspension Deadline
This is the most time-sensitive phase, managed by the Missouri Department of Revenue (DOR).
How to Request a Missouri DOR Administrative Hearing
You have only 15 calendar days from the date of your arrest to request an Administrative Hearing.
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Failure to Act: Missing the 15-day deadline results in your driver’s license being automatically suspended or revoked without any chance to contest the action.
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Defense Action: A timely request, usually filed by your attorney, ensures your driving privileges remain valid while the DOR case is pending.
Administrative Hearing Outcome (Failed Test vs. Refusal)
This hearing challenges the license suspension. The DOR must prove the officer had probable cause, the arrest was lawful, and the chemical test procedures were followed.
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Failed Test (BAC .08%): The DOR seeks a 90-day suspension for a first offense.
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Test Refusal: The DOR seeks a mandatory one-year license revocation.
If you lose the hearing, your attorney can file a subsequent Petition for Review in the Circuit Court to appeal the decision.
Navigating the Missouri DWI Criminal Court Process
The criminal track is slower, generally taking several months, and addresses the guilt and sentencing aspects of the DWI charge.
Arraignment and Setting DWI Bond Conditions
The arraignment is your first formal court appearance. Your defense attorney typically enters a Not Guilty plea. The judge will set any required bond conditions, which may include:
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Refraining from alcohol/drug use.
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Mandatory random drug and alcohol testing.
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Required installation of an Ignition Interlock Device (IID) while the case is pending.
Discovery, Motions, and Defense Strategy
This critical phase involves the defense attorney collecting and reviewing Discovery (police videos, breathalyzer maintenance logs, reports) to identify legal and procedural errors. If evidence was obtained illegally (e.g., an illegal stop, lack of probable cause, or machine error), your attorney will file Motions to Suppress that evidence, which can lead to a dismissal or a significant reduction in charges.
Plea Bargains and Charge Reduction Negotiation
Most DWI cases are resolved before trial. The strength of the defense’s case, established during the discovery phase, is used to negotiate a favorable outcome with the prosecutor, such as:
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Reduction of Charges: Downgrading the offense to a non-alcohol-related traffic violation (e.g., Careless and Imprudent Driving).
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Suspended Imposition of Sentence (SIS): For first-time offenders, an SIS is vital as it prevents a formal conviction from being entered on your record if you successfully complete probation.
Immediate Legal Defense: Why Choose KC Defense Counsel for Your Kansas City DUI/DWI
Facing a Missouri DWI charge means you are on a tight timeline, especially with the critical 15-day administrative license deadline. You need an aggressive, experienced Kansas City DWI attorney who understands the complex dual-track legal system—the criminal case and the DOR license suspension.
Your Dedicated DUI DWI Defense Attorney for Both Case Tracks
At KC Defense Counsel, we specialize in providing top-rated DWI defense and criminal defense services across the Kansas City Metropolitan area. Our focus is a high-conversion, full-service approach:
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The 15-Day Deadline: We prioritize immediate intervention by filing the necessary paperwork to request your DOR administrative hearing within the 15-day window, fighting to keep your driving privileges valid pending the hearing.
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Expert Criminal Defense: As experienced criminal defense attorneys in Kansas City, MO, we relentlessly challenge the prosecution’s evidence—from the legality of the traffic stop to the accuracy of the breathalyzer or blood tests. Our goal is to achieve the best possible result, whether it’s a dismissal, a reduction to a lesser charge, or securing a Suspended Imposition of Sentence (SIS).
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Full Reinstatement Guidance: We guide you through the entire post-conviction process, including navigating SATOP completion, minimizing IID requirements, and properly filing your SR-22 insurance to restore your Missouri driver’s license as quickly as possible. If you are searching for an affordable DWI attorney near me or a top-rated DUI defense attorney in the Kansas City region, contact us immediately.
Don’t Wait—The Clock is Ticking!
When your future and your freedom to drive are on the line, choosing the right representation is the single most important decision you will make.
Call KC Defense Counsel Now for a Confidential Consultation | Visit kcdefensecounsel.com to start your defense.
License Reinstatement & Post-Conviction Requirements (SATOP, IID, SR-22)
If you are convicted or accept a plea agreement, the court will impose several requirements before your driving privilege can be fully reinstated.
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Substance Abuse Traffic Offender Program (SATOP): Completion of this state-mandated assessment and education/treatment programme is required.
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Ignition Interlock Device (IID): Required if you had a high BAC, refused testing, or have prior offenses. It must be installed for a minimum required period.
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Financial Responsibility (SR-22): You must file proof of high-risk auto liability insurance (SR-22 form) with the DOR and maintain coverage for two years from the start date of the suspension/revocation.
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Reinstatement Fee: Payment of the state-required fee (currently $\$45$).
Frequently Asked Questions (FAQs) About Missouri DWI Law
Q: Is a DWI a misdemeanor or a felony in Missouri?
A: A first-time DWI is typically a Class B Misdemeanor. However, it can be immediately charged as a felony if you have prior DWI convictions, if serious injury or death occurred, or if a child under 17 was in the vehicle.
Q: What is the single most important deadline after a DWI arrest in Missouri?
A: The 15-day deadline to request an Administrative Hearing with the Department of Revenue (DOR) to contest the automatic license suspension/revocation.
Q: What is the difference between an SIS and an SES?
A: A Suspended Imposition of Sentence (SIS) means no conviction is entered on your record if you successfully complete probation. A Suspended Execution of Sentence (SES) means the conviction is entered on your record, but a jail sentence is suspended and you serve probation instead. SIS is generally the more favorable outcome.
Q: Can I drive to work or school if my license is suspended?
A: You may be eligible to apply for a Limited Driving Privilege (LDP), often referred to as a “hardship license.” This allows driving for specific necessities like work, school, or court-mandated treatment, but often requires the installation of an Ignition Interlock Device (IID).
Q: How long does a DWI stay on my Missouri record?
A: A DWI conviction remains on your record permanently. However, for a first-time misdemeanor offense, you may be eligible for expungement after a mandatory 10-year waiting period, provided all statutory conditions are met.