Justin Hunt is a defence lawyer based in Kansas City, Missouri, and working at KC…
If you are facing a DUI or DWI charge in Kansas City, it is important to note the fact that the state of Missouri processes these offenses administratively as well as criminally. Administrative actions differ from criminal or court actions, and if you are facing these types of charges, you should be aware of these differences.
Generally speaking, an administrative action relates to rules and regulations that government agencies make, enact, and enforce. Conversely, criminal or court actions relate to charges made by a particular state with the goal of enforcing a specific criminal law or statute within that state. The main difference between the two is where the action originates and who enforces it. With administrative actions, the originator and enforcer is a certain government agency, while with criminal or court actions, the originator and enforcer is the state itself.
When it comes to the specifics of handling a DUI or DWI, there are a few key differences between the possible criminal and administrative actions that could be taken. If you are charged with a DUI or DWI, the criminal action taken will be in regard to the ticket issued as a result of the offense. According to the Missouri Department of Revenue, “If you are convicted of an alcohol offense, the court sends a copy of the conviction to the department, and the proper points are assessed to your driver record”. Any points accrued as a result could lead to a suspension or revocation of your driving privilege.
You will also face an administrative action that is administered by the Missouri Department of Revenue. This is a separate action that will take place automatically, regardless of if the ticket you received is disposed of or reduced by the criminal court. This action requires that your driving privileges be suspended or revoked if you refuse to take a blood alcohol content test or if you do take a test and it is discovered that your blood alcohol content is over the legal limit.
If an administrative action is being taken against you as a result of a DUI or DWI, you will receive a Notice of Suspension/Revocation of Driving Privilege, also known as Form 2385. After you receive this notice, you have a fifteen day window in which you may request an administrative hearing. If the hearing results in your driving privilege being revoked or suspended, you are eligible to petition the circuit court to review your case.
If you are in the Kansas City area, and you are facing a DWI or DUI, it is important that you consult with a DWI defense attorney about your case. A Dui lawyer can help to walk you through the process of dealing with any actions taken against you. A case of this nature can be overwhelming when it comes to managing the details of two separate actions administered by two separate systems. Enlisting the help of a defense attorney can ensure that every element of your case is properly handled.