Just Arrested for DWI in St. Louis? The First 15 Days Are Critical

Being arrested for DWI in St. Louis triggers immediate consequences that can affect driving privileges long before a criminal case goes to court. Missouri law establishes a strict 15-day timeline that begins the moment a person is arrested. Missing these deadlines can result in automatic license suspension or revocation, regardless of the outcome of the criminal case.

What Happens During a DWI Arrest in Missouri

When a police officer suspects a driver of operating a vehicle while intoxicated in Missouri, the following typically occurs:

1. The officer conducts field sobriety tests (walking heel-to-toe, standing on one leg, horizontal gaze nystagmus)
2. If signs of impairment are observed, the officer makes an arrest and requests a chemical test (breath, blood, or urine)
3. If Blood Alcohol Concentration (BAC) measures 0.08% or higher (0.02% for drivers under 21), or if testing is refused, the officer will:
   • Seize the driver’s license
   • Issue a Notice of Suspension/Revocation form
   • Provide a temporary 15-day driving permit

This begins two separate legal proceedings:

• A criminal case for the DWI charge
• Either an administrative case involving driving privileges (if the driver provided a chemical sample) or a civil case in circuit court regarding Missouri’s Implied Consent law (if the driver refused a chemical sample).

The Administrative Timeline Begins Immediately

The administrative process moves quickly and independently from the criminal case. Under Missouri’s Implied Consent Law, any person who drives on Missouri roads is deemed to have consented to chemical testing if arrested for DWI.

Here’s what happens after arrest:

Day 1: Notice of Suspension/Revocation

If the driver submitted a chemical sample, the arresting officer provides a Notice of Suspension/Revocation (Form 2385), which serves multiple purposes:

• Acts as a temporary driving permit for 15 days
• Notifies the driver of the pending suspension/revocation
• Contains instructions for requesting an administrative hearing

Days 1-15: The Critical Decision Period

A person has exactly 15 days from the date of arrest to request an administrative hearing. This request must be made in writing using the form provided at the time of arrest or by sending a written request to the Missouri Department of Revenue.

If no hearing is requested within 15 days, driving privileges will be automatically suspended or revoked on the 16th day after arrest.

If a hearing is requested within 15 days, the Director of Revenue is required to issue a Temporary Driving Permit, allowing the individual to continue driving while the administrative proceeding is pending.

The Consequences of Inaction

Failing to request an administrative hearing within 15 days has serious consequences:

For First-Time Offenders:

• 90-day suspension of driving privileges
• Requirement to complete Substance Awareness Traffic Offender Program (SATOP)
• Reinstatement fee of $45
• Possible SR-22 insurance requirement for two years

For Repeat Offenders:

• One-year revocation of driving privileges
• Requirement to complete SATOP
• Reinstatement fee of $45
• SR-22 insurance requirement for two years
• Possible ignition interlock device requirement
• Retake complete driver examination

Refusals

If the driver refused to submit a chemical sample of his or her blood, breath, or urine, then the law enforcement officer will issue a Refusal To Submit To Alcohol or Drug Test Notice of Revocation of your Driving Privilege 15-Day Driving Permit (Form 4323). This form serves multiple purposes:

• Acts as a 15-day driving permit;
• Notifies the driver that the Director of Revenue is revoking his driver’s license for a period of one year for allegedly violating Missouri’s Implied Consent Law;
• Provides instructions for appealing the Director’s decision, namely by filing a Petition for Review in circuit court within 30 days of the date of arrest.

Possible Consequences of a Test Refusal:

• Automatic one-year revocation of driving privileges
• Requirement to complete SATOP
• Reinstatement fee of $45
• SR-22 insurance requirement for two years

That is why it is important to hire an attorney to file a petition for review in circuit court – to potentially avoid the one-year revocation. Many drivers also qualify for a “stay order,” which allows them to continue to drive while the case is pending.

Five Critical Steps to Take Within 15 Days of Arrest

1. Request an Administrative Hearing or file a Petition for Review

This is the most time-sensitive step. The administrative hearing request must be postmarked within 15 days of the arrest. A petition for review must be filed within 30 days of the arrest, although the revocation period starts on the 16th day.

2. Gather Evidence

Begin collecting relevant information, including:

• Details about the traffic stop and arrest
• Names and badge numbers of officers involved
• Names and contact information of any witnesses
• Any documentation provided during or after arrest
• Medical information that might be relevant

3. Obtain A Police Report

This document contains crucial information about the  arrest, including the officer’s observations, test results, and statements.

4. Preserve Video Evidence

Request any available dash cam, body cam, or surveillance footage before it’s deleted or overwritten.

5. Consult with an Experienced DWI Defense Attorney

An attorney can handle the administrative hearing request or petition for review, begin preparing the defense, and provide guidance on both the administrative and criminal aspects of the case.

What Happens at the Administrative Hearing

The administrative hearing is separate from the criminal case and focuses solely on driving privileges. The Department of Revenue must prove:

1. The officer had reasonable grounds to believe the driver was operating a vehicle while intoxicated
2. An arrest occurred
3. Blood Alcohol Concentration (BAC) was 0.08% or higher

These hearings are typically held at regional Department of Revenue offices or over the telephone. An attorney can represent the individual at this hearing and challenge the evidence presented.

Potential Outcomes of the Administrative Hearing

There are two possible outcomes:

1. If the hearing is successful: The suspension/revocation is withdrawn, and driving privileges remain intact.
2. If the hearing is unsuccessful: Driving privileges will be suspended or revoked 15 days after the decision is mailed to you. A person may then:
   • Appeal to the circuit court within 30 days
   • Apply for a Restricted Driving Privilege (RDP) if eligible
   • Complete the requirements and wait out the suspension/revocation period

Petitions for Review in circuit court can go to a bench trial, if they are not resolved. At such a trial, the Director of Revenue must prove that the petitioner was arrested for DWI, law enforcement had probable cause to believe the petitioner was DWI, and the driver refused to provide a chemical sample of their blood, breath, or urine upon request. Losing a petition for review (or not filing a petition for review) results in a one-year revocation of the person’s driver’s license.

How an Attorney Can Help Protect Your Driving Privileges

Having an experienced DWI attorney handling your case from day one provides significant advantages:

1. Proper Filing of Hearing Request – An attorney ensures your hearing request or petition for review is complete and submitted on time.
2. Evidence Analysis – Professional review of police reports, testing procedures, and officer conduct to identify potential issues.
3. Strategic Representation – At the administrative hearing or trial in a petition for review, an attorney can cross-examine the officer, challenge BAC results, and present evidence in your favor.
4. Alternative Solutions – If suspension or revocation appears likely, an attorney can help you apply for a Restricted Driving Privilege to maintain limited driving abilities.
5. Coordination with Criminal Defense – An attorney can use information from the administrative hearing to strengthen your criminal case.

Why Choose Rose Legal Services for Your DWI Case

At Rose Legal Services, DWI defense is our core competency. Our attorneys have completed the same DWI training as law enforcement officers, giving us unique insight into how these cases are investigated and prosecuted.

We understand both the administrative and criminal aspects of DWI cases and provide comprehensive representation that addresses:

• Administrative license hearings
• Petitions for review
• Criminal court proceedings
• Potential plea agreements
• Trial defense when necessary
• Assistance with license reinstatement

Our team approach brings multiple perspectives to your case. We have attorneys, staff members, and investigators working collaboratively to build the strongest possible defense for your specific situation.

Don’t Wait Until It’s Too Late

The 15-day window after a DWI arrest is critical. Each day that passes without action puts your driving privileges at greater risk. We offer free consultations for individuals who don’t currently have an attorney or who are represented by a public defender. During this consultation, we’ll evaluate your case, explain your options, and outline potential defense strategies.

Contact Rose Legal Services today to schedule your consultation. Your defense starts with a conversation.