Your license does not suspend when ready after a DUI arrest in Missouri
If you are arrested for driving under the influence in Missouri, your driver's license does not automatically suspend on the spot. Instead, the Missouri Department of Revenue suspends your license based on one of two separate processes: an administrative suspension tied to a breath or blood test result, or a criminal suspension that follows a DUI conviction. The timing and length of each suspension depends on which process applies to you and whether you have prior DUI convictions.
Understanding the difference between these two suspensions matters because they operate on different timelines and have different rules for reinstatement. An administrative suspension can begin within days of your arrest, while a criminal suspension only takes effect after you are convicted in court.
Key Takeaways
- An administrative suspension begins 15 days after your arrest if you refused a breath or blood test, or if you tested above the legal limit and did not request a hearing within 10 days.
- A criminal suspension only begins after you are convicted of DUI in court, not at the time of arrest.
- Your first DUI conviction in Missouri results in a minimum 30-day suspension, but you may be able to drive to work or school during part of that time with a work permit.
- You have the right to request a hearing within 10 days of your arrest to challenge an administrative suspension before it takes effect.
- Reinstating your license after a DUI suspension requires paying a reinstatement fee and, in most cases, completing a substance abuse assessment.
How the administrative suspension works
When you are arrested for DUI in Missouri, the arresting officer may ask you to take a breath or blood test. If you refuse the test or if you take the test and the result shows a blood alcohol content of 0.08 percent or higher, the officer will issue you a notice of suspension. This notice tells you that your license will be suspended administratively — meaning by the Department of Revenue, not by a court.
The administrative suspension begins 15 days after your arrest, but only if you do not request a hearing within 10 days. If you request a hearing within that 10-day window, your license remains valid while the Department of Revenue holds a hearing to review whether the officer had legal grounds to stop you and whether the test was administered correctly. If you win the hearing, the suspension does not happen. If you lose, the suspension takes effect after the hearing concludes.
This administrative process is separate from any criminal case. You can have an administrative suspension even if your DUI criminal case is dismissed or if you are found not guilty in court.
Criminal suspension after a DUI conviction
A criminal suspension is different from an administrative suspension. It only begins after you are convicted of DUI in a Missouri court. At the time of sentencing, the judge will order a suspension of your driving privileges as part of your sentence.
For a first DUI conviction in Missouri, the judge must order a suspension of at least 30 days. For a second DUI conviction within five years, the suspension is at least one year. For a third or subsequent conviction within five years, the suspension is at least two years. These are minimum periods; the judge can order a longer suspension.
If you plead guilty or are found guilty before your administrative suspension ends, the two suspensions may run at the same time or the criminal suspension may replace the administrative one, depending on the timing and the judge's order. Your attorney or the court can clarify how the suspensions will run in your specific case.
Work permits and limited driving privileges
Missouri law allows judges to issue a work permit during part of a DUI suspension, but only for a first offense and only after a certain waiting period. For a first DUI conviction, you must wait at least 30 days before you can request a work permit. The work permit allows you to drive only to and from your place of employment, to a substance abuse treatment program, or to court-ordered programs.
To obtain a work permit, you must file a request with the court that convicted you. You will need to show proof of employment or enrollment in a treatment program. The judge has discretion to grant or deny the permit. A work permit does not reduce the length of your suspension; it only allows limited driving during the suspension period.
For second and subsequent DUI convictions, Missouri law does not allow work permits during the suspension period.
What happens if you drive on a suspended license
Driving with a suspended license in Missouri is a separate criminal offense. If you are caught driving during your DUI suspension, you can be charged with driving with a suspended or revoked license, which carries its own penalties including fines and possible jail time. A conviction for this offense can also extend your original suspension.
The consequences are more severe if you have prior convictions for driving on a suspended license. A second offense within five years is a Class D felony in Missouri, which can result in up to four years in prison.
Steps to reinstate your license after suspension ends
Once your suspension period ends, your license does not automatically become valid again. You must take specific steps to reinstate it through the Missouri Department of Revenue.
First, you must pay a reinstatement fee. The fee amount varies depending on the reason for suspension and whether you have prior suspensions. For a DUI suspension, the reinstatement fee is typically between $100 and $200, but you should contact the Department of Revenue to confirm the exact amount for your case.
Second, you must complete a substance abuse assessment through an approved provider. The Department of Revenue maintains a list of approved assessors. The assessment determines whether you need treatment and, if so, what level of treatment. You must complete any recommended treatment before your license will be reinstated. Some people are assessed as low-risk and do not require treatment; others are referred to outpatient or inpatient programs.
Third, you must provide proof of financial responsibility, usually by obtaining an SR-22 insurance certificate from your auto insurance company. This certificate proves to the state that you carry the minimum required liability insurance. Your insurance company will file the SR-22 directly with the Department of Revenue.
Requesting a hearing to challenge the administrative suspension
If you receive a notice of administrative suspension, you have 10 days from the date of arrest to request a hearing. This hearing is your chance to challenge whether the officer had legal grounds to stop you and whether the breath or blood test was valid.
To request a hearing, you must contact the Missouri Department of Revenue's Administrative Hearing Section. The notice you received at arrest will include the phone number and address. You can request the hearing by phone, mail, or in person. There is no fee to request a hearing.
At the hearing, you or your attorney can cross-examine the officer and present evidence about the stop and the test. The hearing officer will decide whether to uphold or overturn the suspension. If you win, your license is not suspended. If you lose, the suspension takes effect, but you have already preserved your right to challenge the evidence later in your criminal case.
Frequently Asked Questions
Can I get my license back before the suspension ends?
Not before the suspension ends, but you may be able to drive for work or school during the suspension with a work permit. Work permits are available only for first DUI offenses and only after you have served at least 30 days of the suspension. You must request the permit from the court that convicted you.
What is the difference between refusing a breath test and failing it?
If you refuse a breath or blood test, your license is suspended administratively for one year on a first offense. If you take the test and your result is 0.08 percent or higher, your license is suspended for 30 days on a first offense. Refusal carries a longer suspension, but refusal cannot be used as evidence against you in the criminal case itself.
Does my license suspension start right away if I am arrested?
No. An administrative suspension begins 15 days after arrest, but only if you do not request a hearing within 10 days. A criminal suspension only begins after you are convicted in court. You can drive legally during the 10-day period after arrest and while any hearing is pending.
Do I have to pay the reinstatement fee even if I win my hearing?
No. If you win your administrative hearing, the suspension does not take effect, so there is no reinstatement fee. You only pay the reinstatement fee if your suspension actually goes into effect and then ends.
Can a second DUI suspension run at the same time as my first one?
No. In Missouri, DUI suspensions do not run concurrently. If you are arrested for a second DUI while serving a suspension from a first DUI, the second suspension begins after the first one ends. This means the total suspension period is the sum of both suspensions.