DRIVER'S MOST COMMON QUESTIONS IN A MISSOURI CHEMICAL TEST REFUSAL CASE

Do I have to file proof of SR-22 insurance for a refusal in my Missouri DUI / DWI case?

Since a driver's license revocation in Missouri for a refusal of a chemical test is not a revocation made under RSMo. Chapter 302, the SR-22 requirement does not apply, and the driver does not have to file proof of SR-22 insurance. However, if the driver wishes to drive on a limited driving privilege after the first ninety (90) days of the one-year suspension for refusal is complete, he or she would have to file an SR-22 for the duration of the year-long limited driving privilege period.

Do I have a right to speak with an attorney in a refusal case?

If the driver, when requested to submit to a chemical test, requests to speak with an attorney, he or she shall be granted 20 minutes in which to attempt to contact an attorney. If after the expiration of 20 minutes the driver continues to refuse to submit to a chemical test it shall be deemed a refusal. RSMo. Section 577.041.

Why do I have two separate criminal and civil refusal hearings in my driver's Missouri DUI / DWI case?

Civil Administrative Refusal Hearings under RSMo. 577.041 are separate from any criminal proceedings arising from the same incident. A driver may still be revoked for refusal even if he or she is acquitted of DWI in the criminal portion of his or her Missouri DUI / DWI case. Tolen v. Missouri Department of Revenue, 564 S.W.2d 601, 602 (Mo.App. 1978).

Similarly, a determination of no probable cause for the arrest in the criminal portion of a driver's Missouri DUI / DWI case is irrelevant to the civil refusal portion of the case. Borchelt v. Director of Revenue, 806 S.W.2d 95, 101 (Mo.App. 1991). What this means is a driver can win and get the criminal portion of his or her case dismissed and still lose their license for one year in the civil refusal hearing for refusing a chemical test.

For my license suspension, can I get credit for time served on my license suspension for accumulation of points on my one-year civil refusal license suspension?

There is no credit given for time from "points" to a refusal. DUI / DWI and refusal to submit to a chemical test are separate violations, even when arising out of the same incident, and, therefore, result in separate periods of revocation or suspension. Brown v. Director of Revenue, 772 S.W.2d 398, 400 (Mo.App. 1989); Greenwood v. Director of Revenue, 5 S.W.3d 604 (Mo.App. 1999).

Who handles the civil administrative refusal portion of my Missouri DUI / DWI case?

RSMo. Section 577.041 or 302.311 requires county prosecutors to handle civil refusal hearings, but attorneys for the Director of Revenue may appear on these cases.

What are the consequences for refusal of a chemical test?

There is a one year revocation for every separate refusal offense. There is no driving retests required if the driver's license is not expired over six (6) month.

After my Missouri DUI /DWI case, can I get a limited driving privilege to go to work during my one-year driver's license refusal suspension?

Driver's who receive a one-year refusal suspension to their Missouri driving privilege are sometime eligible for a limited driving privilege after the first ninety (90) days of the one-year refusal suspension for first refusal offense. Driver's are ineligible for a limited driving privilege for any second or subsequent refusal offense, and they cannot drive at all for one full year.

I had a refusal suspension to my Missouri driver's license several years ago. Can the refusal now be taken off my driving record?

Expungement is not ever possible for a civil refusal of a chemical test in Missouri.