License Suspension

Home / Archive by category "License Suspension"
First DWI Charge And Your Driver’s License in St. Peters…

First DWI Charge And Your Driver’s License in St. Peters…

DWI Missouri


              If you have received a first DWI charge in St. Peters you should read this article to learn about what can happen to your license and what can happen in court.  That’s because in Missouri, a DWI charge is essentially two separate cases.

The first case is an administrative case and deals with your license and whether it will be lost, suspended or revoked.*

The second case is the case for the crime of a first DWI, i.e. the criminal case resolved in the court where the case was filed.  For most first DWI cases, that case will be in the municipal court of the city issuing the ticket.  Or if your first DWI charge Missouri was ticketed by a sheriff, most likely in the county municipal court.

Let’s review a quick example:  Say Sam Speedy gets pulled over in St. Peters by a St. Peters police officer.  He’s charged with DWI and speeding.  Because it’s his first ever DWI charge, his case will be heard in St. Peters Municipal Court.  His administrative case will be heard in an administrative review, which just happens to be held in the St. Charles Municipal Court.

What happens to my license when I am charged?

Whether or not  you provided a breath test sample (or samples) when you were taken to the police station, before you are released they will take away your Missouri driver’s license and issue a 15 Day Temporary Driving Permit.

You can see what one looks like here:

The Temporary Driving Permit (Form 2385) is in fact your driver’s license for the following 15 days.

Under Missouri law, however, if you do not request an administrative hearing within 15 days of the date of your arrest for DWI, your license is automatically suspended for 90 days.

It is almost always in your best interest to hire a DWI lawyer St. Peters who will contest the loss of your license in an administrative hearing.  First, your attorney may be able to prove that there was no probable cause for the stop.

And during the time that case is pending, your license suspension will be stayed, i.e. your license will not be suspended.  Therefore, you can get your ducks in a row with transportation in the event you eventually lose your DWI administrative hearing.

In most cases, requesting an administrative hearing will preserve your driving privilege for at least 45 day.  That’s because the administrative hearing will not usually be scheduled before then.  In many cases, it will be scheduled farther out than that and in only a few cases would it be less than that.

Your DWI lawyer near me can also generally re-schedule administrative hearings as a matter of right one time.

What happens at the administrative hearing?

The only issue to be determined by the administrative judge at the administrative hearing is whether the officer had probable cause to pull you over and if they followed proper procedures after the stop.  Your attorney can subpoena the officer(s) who pulled you over and question as to the reason for the stop.

Should your attorney be able to prove that they didn’t have a valid reason for the stop (did not have probable cause), you will keep your license.

If you lose your administrative hearing, your license is suspended about 15 days after the administrative judge makes his or her ruling.

If I lose my license what happens?

Your license is suspended by the Missouri Department of Revenue for 90 days.  During the first 30 days you cannot drive at all.  However, you can request a limited driving privilege in Missouri for the remaining 60 days of suspension.  If granted, you can drive to and from work and/or school, to medical appointments or to attend a substance abuse program.

What about losing my license after a second or third DWI in Missouri?

For a second DWI, that depends on how close it was in relation to the first DWI.  If the second DWI is within five (5) years of the first, your license can be revoked for up to 5 years.  A third conviction can result in a ten (10) year loss revocation.

Why should I hire a DWI lawyer near me?

The consequences of a DWI conviction are severe.  Remember that a charge, however, is not the same as a conviction.  Officers often don’t follow proper procedure. This can be proven via a combination of their testimony and their completed police report.  The narrative in the report is often very informative regarding the stop.

An experienced DWI lawyer knows how to extract that testimony from the officer and can review all of the documentation related to the stop.

I’ve personally saved client’s licenses from being suspended by seeing improperly completed documentation before the hearing.  I’ve also discovered weaknesses in the handling of the stop at the scene.

As I tell clients, if the police did their jobs correctly, it’s often hard to beat a DWI charge.  However, you’ll never discover this without experienced legal help.


Have a job where you must have a car? Do you value your freedom to travel around in a car? The loss of your  license stemming from a DWI charge St. Charles County can be incredibly scary.   You do have rights, however, and the loss of the license is only automatic if you do nothing.

* For the purpose of this article we are only talking about your driver’s license when a breath test sample is provided by the driver, the sample is over .08 BAC and the driver does not hold a commercial driver’s license (CDL) and not when the driver refuses to provide a breath test, commonly referred to as a separate charge called a Refusal To Provide A Breath Test. 




                A question I get asked a lot by people as a DWI defense lawyer St. Peters is what is the difference between DWI (Driving While Intoxicated) versus DUI (Driving Under the Influence)?  It’s a question that I get quite a bit and it’s one that I’m used to answering.   This article will explain the differences and similarities.


The simple answer is while they are technically two different offenses in Missouri, a DWI and a DUI are both similar.  In both charge the driver is alleged to have been impaired, either because of alcohol (DWI) or because of drugs (DUI).

A driver is ticketed with a DWI when they have been found to have a higher than .08 BAC (blood alcohol content).

A driver can be charged with DUI where they are found to be under the influence of intoxicating substances while driving such that impairs their driving ability.

With a DUI, the intoxicating substance can be over the counter medication, marijuana, prescription medication or even cold medicine.  With a DUI, there is not a BAC to measure but the observations of the officer and the statements of the driver can be evidence of DUI.


In Missouri, the penalties for DWI and DUI are pretty much the same.  Under RSMo. Section 577.010 link: , a first offense conviction for DWI or DUI is a Class B Misdemeanor and eight (8) points on your license.  This is in addition to significant fines, up to six (6) months in jail and, perhaps most important, a loss of your license for at least 30 days.

A second DWI or DUI offense is a Class A Misdemeanor.  However, you will now be considered a “prior offender”, with fines up to $1,000, 30 days of community service and a license suspension for one year.  You may also be required to install an Ignition Interlock Device, which won’t allow you to start your car if you have alcohol in your system.

A third DWI / DUI is now considered a Class A felony in Missouri and may include the violator being sentenced to a term of imprisonment.  Fines are even higher and loss of license is much longer.


The bottomline is that anyone charged with a DWI or a DUI in Missouri must act quickly and obtain legal counsel to avoid an automatic loss of license occurring for non-action.  There are immediate impacts of a DWI or DUI conviction and then there are long term impacts, both of which must be understood by someone facing these charges.

An experienced DWI attorney St. Peters can review your case and possibly beat the charges, get them reduced to a lesser charge, or if your case is one that should be plead, help reduce the impact of the penalties.


FCC Speeding Tickets in Missouri…

FCC Speeding Tickets in Missouri…

FCC Speeding Tickets in Missouri

If you receive a speeding ticket in Missouri from a Missouri Highway patrol officer, the ticket will state that it is an FCC ticket.  FCC means “Fine Collection” Center, and it is located in Jefferson City.  On an FCC ticket, instead of a court date to resolve the speeding ticket, the ticket will state “due in 30 days”.

Even though there is no court date listed, you can still resolve the ticket with a St. Charles traffic lawyer in the circuit court of the county where the ticket was received.  The process works much the same as any speeding ticket received in a Missouri municipal court.  You can hire our firm to represent you and seek a no-points amendment to avoid paying higher insurance premiums and getting points on your license.

As with regular speeding tickets, pleading guilty will result in having those points on your license.  If you receive too many points, your license can be suspended.  And when you plead guilty, your insurance premiums are likely to go up because the insurance company will see the guilty plea and decide you are more expensive to insure.

Keep in mind that not all county prosecutors will amend FCC tickets to non-moving violations (no point tickets).  In St. Charles County and surrounding counties, prosecutors will amend these tickets.   However, in some rural counties, they will not.  You can call our office and we can advise you on your particular ticket at no charge.

If you hire Traffic Ticket Center, we can work with the prosecutor to amend your FCC speeding ticket so you can avoid paying more for insurance and risk losing your ability to drive.

Call us today at (636) 486-2669 for assistance.  We can quote you the cost for the ticket and give you more information on how we can help you.

Missouri Abuse and Lose

Missouri Abuse and Lose

Missouri Abuse and Lose

                 Missouri has strong laws regarding alcohol and other serious traffic offenses.  If you’re under 21, Missouri’s “Abuse and Lose” laws apply.

The statute is Section 577.500.1 and consists of two sections:

Under the first section, the Abuse and Lose law authorizes suspension or revocation of driving privileges if a person under 21 has committed any alcohol related traffic offense, any offense involving possession or use of alcohol while operating a motor vehicle, any offense involving possession of a controlled substance (drugs) or any offense involving the alteration, modification or misrepresentation of a license to operate a motor vehicle.

The length of suspension or revocation varies depending on whether it was a first offense or not.  For a first offense, the period of suspension is 90 days.  An arrest for a second or subsequent offense results in a one year loss of license privileges.

Under the second suspension, a person under 21 can have their license suspended or revoked for any offense involving the purchase, attempted purchase or possession of an intoxicating liquor by a minor or a minor in a visibly intoxicated condition, if the juvenile was over the age of 15 at the time of the offense.

Suspension is for 30 days for a first offense, 90 days for a second offense and a year for a third or subsequent offense.

As with other alcohol related traffic offenses, for your driver’s license to be reinstated, you have to pay the required fee and completed a substance abuse program such as the Substance Abuse Traffic Offender Program, commonly known as SATOP.

Depending on your circumstances, you may be able to get a limited driving privilege for getting to and from school, for doctor visits and for work.

Here’s a link to the DMV’s FAQ about Abuse and Lose:

If you’re under 21 and have been charged with an alcohol related traffic offense such as DWI / DUI or Minor in Possession call our office right away.  We understand this can be a confusing and scary experience.  Knowing your rights and having an experienced lawyer on your side is crucial.