Did you know that when you are arrested for DUI you face not only criminal charges, but administrative charges as well? The Department of Motor Vehicles (DMV) takes action to suspend your license 15 days following the arrest, regardless of whether or not you are actually found guilty in a criminal court. You must request an Administrative License Suspension Hearing in order to halt the action from being taken against you. This hearing allows you to provide evidence and argue your innocence to the DMV, and can also provide a valuable look at the evidence the prosecution may have against you in your criminal case.
You have 15 days in Missouri and 14 days in Kansas to submit a written request for an administrative hearing to the Department of Revenue. If the form is not received within this allotted window, you have waived your right to a hearing and your license is immediately suspended. If you successfully request a hearing, one will be scheduled in the where county the arrest occurred.
What happens in the hearing?
In this administrative hearing, an examiner will consider arguments of the defense attorney and any evidence presented. While the records of the arrest can serve as the officer's testimony, the officer can be subpoenaed to appear in person at the hearing.
The hearing will determine whether or not:
- There was enough probable cause for law enforcement to believe that a driver was operating a vehicle while they were under the influence; and
- The BAC of the driver was above the legal limit of 0.08% for adults, 0.02% for minors, or 0.04% for commercial drivers.
The information provided at this hearing will either affirm the suspension or rescind it, returning the license to the driver
If you or a loved one have been arrested for DUI, losing your license could be one of the most devastating penalties. Don't do it alone; contact Attorney Steve Schanker to be your advocate throughout this extensive legal process.