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Traffic Law

Missouri DWI/DUI/BAC Administrative Alcohol Law | 15 Days to Request Administrative Hearing

*15 Days to Request and Administrative Hearing or Lose Your Rights and Your Driving Privileges*

15 days. That’s how long you have from the day you were arrested in Missouri for DWI/DUI and issued a “Notice of Suspension/Revocation” to request an administrative hearing. If don’t, your right to and administrative hearing will be waived and your driver license suspended or revoked.

Missouri law provides that the Department of Revenue Driver License Bureau shall suspend or revoke the driver license of any driver who is arrested upon probable cause to believe that the driver’s blood alcohol concentration (BAC) is at least .08% for adults or .02% for minors under 21 years old (RSMo § 302.505). When a driver arrested for DWI/DUI/BAC takes and fails a chemical breath test, blood test, or urine test of his or her blood alcohol concentration, the driver is issued a white 8.5″ x 11″ written “Notice of Suspension/Revocation” along with the criminal summons (tickets).

When a driver is issued a “Notice of Suspension/Revocation” after an arrest for DWI/DUI/BAC, the driver (or the DWI attorney representing the driver) has 15 days from the date of the arrest and “Notice of Suspension/Revocation” to file with the Department of Revenue a written request for an administrative hearing. The form must be completed, mailed (and postmarked) within 15 days of the arrest. If the administrative hearing request form is not completed, mailed, and postmarked in the prescribed time, the driver’s right to an administrative hearing is waived and the suspension or revocation goes into effect.