Administrative Hearings - DWI

Posted by Patrick Nolan | Sep 25, 2016

If you take a breath test and the test result is .08% or above (.02 if you are under 21), the Missouri police officer will take your driver's license and give you a temporary license and a hearing request form.  The hearing request form must be completed, mailed and postmarked within 15 days of your arrest.  If the police do not take your Missouri license, you must mail it in with the hearing request.  You will be notified of the date, time, and location of the hearing.  The sole issues at the hearing will be: (1) whether the arresting officer had probable cause to believe you were driving while intoxicated and (2) whether your blood alcohol content was above the lawful range.

If the administrative hearing officer rules against you, your license will be suspended or revoked.  You have the right to file an appeal and to have a trial before a judge.

About the Author

Patrick Nolan

Patrick Nolan has been practicing law in Adair County since 2014. Patrick is a Coastie brat and grew up living in Massachusetts, New York, North Carolina, Alaska, and Michigan among other states. After high school, Nolan joined the Army and served as an Armor Crewman during Desert Storm. ...

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