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Traffic Law

Missouri DWI/DUI/BAC Administrative Alcohol Law | Administrative Actions Separate from Criminal Penalties

Administrative alcohol actions taken by the Missouri Department of Revenue are separate from and independent of any criminal prosecution for driving while intoxicated (DWI), driving under the influence (DUI), or driving with excessive blood alcohol content (BAC).

Administrative alcohol actions are civil actions, not criminal prosecutions. When the Department of Revenue takes administrative action to suspend or revoke the Missouri driving privileges of a person arrested for DWI/DUI/BAC, civil rules apply. The civil rules of evidence and procedure that apply to administrative alcohol actions do not provide the same protections provided by criminal. The Department of Revenue’s burden of proof in an administrative alcohol action to suspend or revoke Missouri driving privileges is much lower and the rules of evidence are substantially relaxed.