Administrative Alcohol Arrests

Administrative Alcohol Arrests

Statutory References: 302.500 through 302.540 RSMo

A person over the age of 21 arrested for driving with a blood alcohol content of 0.08% or higher is processed administratively as well as, criminally.

The arresting officer completes and sends information to the Department of Revenue, including the following:

1. Alcohol Influence Report (AIR)

2. Missouri Uniform Complaint and Summons, or warrant, if applicable.

3. Notice of Suspension/Revocation of Driving Privilege and Temporary 15-Day Driving Permit. Note: This will only be issued if an individual’s Missouri Driver’s License is taken.

4. Missouri Driver’s License, if taken.

Administrative Hearing Process

Hearing Not Requested

If a person does not request a hearing, their suspension or revocation begins on the 15th day after the arrest, and is final.

Lose Administrative Hearing

If a person loses their hearing, his or her Missouri Driver’s License is suspended or revoked based on their prior five year driving record.  The effective date of the suspension or revocation is 15 days after the final order of the hearing officer is mailed from the Department of Revenue.

30 Day Suspension

A 30 day suspension is imposed on persons not convicted or suspended during the prior five years for an alcohol related law enforcement contact.  The 30 day suspension is followed by a 60 day restricted driving privilege.

One Year Revocation

A one year revocation is imposed on persons convicted or suspended during the prior five years for an alcohol related law enforcement contact.

Circuit Court Review

A person who loses their hearing can petition the Circuit Court for further review.  The suspension or revocation is still imposed even though a Circuit Court review is pending. 

Upheld

If the suspension or revocation is upheld by the Circuit Court, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements.

Overturned

If the suspension or revocation is overturned by the Circuit Court, the suspension or revocation is cancelled and the Missouri Driver’s License is returned (if applicable).

Driving Privileges Reinstated

Persons suspended as a result of an administrative alcohol arrest must meet the following reinstatement requirements:

1. Successfully complete a Substance Abuse Traffic Offender Program (SATOP);

2. File and maintain proof of financial responsibility (SR-22 filing) for two years from the suspension or revocation date (unless a minor suspended on a first offense under the zero tolerance law); and

3. Pay a $45.00 reinstatement fee.

Persons revoked are also required to take and pass the complete driver examination and apply for a new license and pay the required fee.