How to Get Your Driver’s License Back After a 5- or 10-Year Denial in Hannibal, MO

Understanding Missouri DWI Laws and License Suspension

If you’re arrested for driving while intoxicated (DWI) in Hannibal, MO, one of the first concerns you may have is: “Will I lose my license?” The short answer is yes, but it depends on several factors—including whether you refuse a breath test, your blood alcohol content (BAC), and your prior record.

This article will break down everything you need to know about license suspension after a DWI arrest and what steps you can take to fight it.

License Consequences If You Take the Breath Test (BAC Over 0.08%)

1. Administrative License Suspension (Missouri DOR Action) – RSMo § 302.505

If you take a breath test and your BAC is 0.08% or higher, the Missouri Department of Revenue (DOR) will automatically suspend your license. Here’s what happens:

You have 15 days to request an administrative hearing to challenge the suspension.
If you don’t request a hearing, your license will be suspended for 90 days.
For first-time offenders, you may qualify for a restricted driving privilege (RDP) after 30 days.
If this is a second offense within five years, your license may be revoked for 1 year.
A third offense results in a 10-year denial of driving privileges.

What Happens at an Administrative Hearing?

An administrative hearing is your only chance to fight the immediate suspension. During the hearing, an attorney can challenge:

The validity of the traffic stop – Did the officer have probable cause?
The accuracy of the breathalyzer test – Was the device properly calibrated and used correctly?
The handling of your case – Were you read your Implied Consent rights?

If you win the hearing, your license may be reinstated. If you lose, your suspension will stand, but you may still be eligible for an RDP.

2. Criminal Case License Suspension (RSMo § 302.060)

If convicted of a DWI in court, additional penalties apply:

First offense: 90-day suspension, with eligibility for an RDP.
Second offense: 1-year revocation if the second offense is within five years.
Third offense or more: 10-year license denial.
You may be required to install an ignition interlock device (IID) to regain driving privileges.

License Consequences If You Refuse the Breath Test (Implied Consent Law – RSMo § 577.041)

1. Automatic 1-Year Revocation

Under Missouri’s Implied Consent Law, refusing a breath, blood, or urine test results in an automatic 1-year revocation of your license.

You have 30 days to request an administrative hearing to challenge the revocation.
If you don’t request a hearing, your license is revoked for 1 year.
You may qualify for a restricted driving privilege (RDP) after 90 days if you install an IID and complete a Substance Abuse Traffic Offender Program (SATOP).
If this is your second refusal, the revocation period will be longer, and you may face harsher penalties.

2. Court-Imposed License Penalties

If convicted in court for DWI after refusing the test, you could face:

First-time offense: 90-day suspension (in addition to the refusal revocation).
Multiple offenses: 5- or 10-year license denial, depending on prior convictions.
Court may require proof of SATOP completion before reinstating your license.

Special Rules for Commercial Driver’s License (CDL) Holders (RSMo § 302.755)

If you hold a CDL, Missouri has zero tolerance for DWI-related offenses. Even if you were not driving a commercial vehicle at the time, a DWI will still affect your CDL.

CDL License Consequences

First DWI conviction: Automatic 1-year disqualification of your CDL.
Refusing a breath test: 1-year CDL disqualification, even if it was in your personal vehicle.
Second DWI conviction: Lifetime CDL disqualification.
CDL holders are not eligible for restricted driving privileges (RDPs).

If you are a commercial driver facing a DWI, it is critical to fight your charges. Losing your CDL can end your career.

Additional FAQs: Missouri DWI & License Suspension

1. What if I was driving under the legal limit but still got arrested? Missouri has a “per se” DWI law, meaning a BAC of 0.08% or higher is automatic grounds for a charge. However, if your BAC was below 0.08%, an officer can still charge you if they believe you were impaired by alcohol or drugs.

2. Can I get my license back sooner with an ignition interlock device (IID)? Yes. Missouri allows some drivers to shorten their suspension if they install an IID, complete SATOP, and maintain SR-22 insurance.

3. What happens if I don’t request an administrative hearing? If you don’t request a hearing within 15 days (for a failed test) or 30 days (for a refusal), your suspension will automatically go into effect, and you’ll lose the opportunity to contest it.

4. Can a DWI affect my commercial driver’s license (CDL)? Yes. If you hold a CDL, a first-time DWI conviction results in an automatic one-year disqualification, even if you weren’t driving a commercial vehicle at the time.

5. What if this is my second or third DWI? Repeat DWI offenses come with much harsher penalties, including a 5-year or 10-year license denial, mandatory IID installation, and the requirement to petition the court for reinstatement.

Facing a DWI in Hannibal, MO? Call Bond Law Firm Today

If you’ve been arrested for DWI in Hannibal, Missouri, don’t wait! You only have 15 or 30 days to request a hearing before your license is suspended.

📞 Call Bond Law Firm, LLC at 573-769-6155 📍 Visit our office at 102 N. Main St., Palmyra, MO 📧 Email: eric@bondlawfirm.comWe fight to protect your driving privileges and your future. Schedule a free consultation today!