If you were arrested for DWI, took a breath test, and your BAC was allegedly over .08%, you will be facing an administrative alcohol suspension. If this was not your first contact of this type with law enforcement, you will be facing an administrative alcohol revocation. We will work with you to get your driving privileges back as soon as possible. There are strict filing deadlines for filing a request for what is called an “Administrative Hearing.” This is the only way to fight the suspension or revocation of your license if you were arrested for DWI and blew over the legal limit. That is why it is critical to contact us as soon as possible so the appropriate paperwork can be filed on your behalf.
First DWI Offense
If this is your first DWI arrest, you will be subject to a 90-day administrative suspension. You have two options. The first is to drive without any driving privileges for 30 days, followed by 60 days of restricted driving. The second is to obtain an ignition interlock device (RSMo §302.525.2(1)). This would eliminate any “hard walk,” but does impose additional burdens on you. We will walk you through both options.
To get your Restricted Driving Permit
You need to file proof of Financial Responsibility (SR-22) with the Missouri Department of Revenue prior to being eligible for restricted driving privileges. If you are appealing your suspension with the Circuit Court (commonly referred to as a Trial De Novo), you do not need to file SR-22 for such a permit to issue.
Immediate Driving Privilege Through Ignition Interlock Device
You need to file proof of Financial Responsibility (SR-22) with the Missouri Department of Revenue AND provide proof of installation of a certified ignition interlock device. You will also need to complete and submit Form 2385 (Request for Immediate 90-Day Restricted Driving Privilege), which tells the Missouri Department of Revenue that you are electing to drive during your suspension.
There are a couple of reasons why someone might decide against this option. First, the additional cost of the ignition interlock device. The average installer charges $70-150 for installation plus a monthly cost between $60-80. Second, prior to full reinstatement after 90 days, the Missouri Department of Revenue will require proof that you successfully completed 75 days without any reports of tampering and violations. If you do not complete these 75 days, you will have to serve an additional 30 day suspension.
Full Reinstatement After 90 Days
After you have served your 90-day suspension, you are eligible for full reinstatement of your driving privileges. You will need to have proof of SR-22 on file with the Department of Revenue, provide proof of SATOP completion, and pay a $45.00 reinstatement fee to the Department of Revenue. If you chose to drive with an ignition interlock device during your suspension, you will also need proof of your successful completion of 75 days violation free.
Remember, you will be working with a governmental agency. It takes time for things to get processed. Don’t expect to file your SR-22 and get your Restricted Driving Permit the next day. Thus, it is important to schedule in processing time for all of these things to get done. Don’t get caught in a time crunch – even one day of not driving when you are eligible to drive can be frustrating. Let us help you navigate this process and get you back on the road as quickly as possible. Call us today for a free case evaluation.