Missouri Administrative DWI Lawyer
Understanding the Civil Side of a DWI Case | Attorney Andrew Brumitt
A DWI in Missouri isn’t just one case — it’s two separate legal battles happening at the same time.
The criminal case, which determines guilt, punishment, and your criminal record.
The civil (administrative) case, handled by the Missouri Department of Revenue (DOR), which determines whether you lose your driver’s license.
Even if your criminal DWI charge is reduced, dismissed, or found not guilty, the administrative suspension can still stand — and vice versa. These are two independent systems that require different defense strategies.
At Brumitt Legal, attorney Andrew Brumitt personally handles both sides of every DWI case. He ensures that your defense covers not just your criminal exposure, but also your right to drive — often the consequence that impacts clients’ lives the most.
The Administrative DWI Case in Missouri
When you are arrested for DWI or refuse a chemical test, the Missouri Department of Revenue immediately begins a civil process to suspend or revoke your license. This is separate from the criminal court process.
You will receive either:
A Notice of Suspension/Revocation (if you took the test and allegedly failed, meaning BAC ≥ 0.08%), or
A Notice of Revocation for Refusal (if you refused the breath, blood, or urine test).
You then have 15 days from the date of notice to request an Administrative Hearing.
If you do nothing, your license is automatically suspended — even before any court case concludes.
Andrew Brumitt immediately requests this hearing to:
Challenge the validity of the stop and arrest.
Review whether the officer had probable cause.
Examine whether the chemical test was performed correctly and legally.
Cross-examine the arresting officer and contest the DOR’s evidence.
Winning at this stage can prevent your license from being suspended altogether.
Administrative vs. Criminal DWI — What’s the Difference?
| Type | Forum | Standard of Proof | Main Issue | Possible Outcome |
|---|---|---|---|---|
| Criminal DWI | Local or Circuit Court | Beyond a reasonable doubt | Whether you committed the offense | Jail, fines, probation, criminal record |
| Administrative (Civil) DWI | Missouri Department of Revenue (DOR) | Preponderance of the evidence | Whether the arrest and test were lawful and BAC ≥ 0.08% | License suspension, revocation, or reinstatement |
In short:
The criminal case decides your guilt.
The administrative case decides whether you can drive.
Andrew Brumitt treats the administrative hearing as the first line of defense — because once your license is suspended, reinstating it requires time, fees, and strict compliance.
License Suspension and Reinstatement After a DWI
If your driving privileges are suspended or revoked after a DWI, reinstatement is not automatic. You must complete all required steps and file proper documentation with the Missouri Department of Revenue before your driving privileges will be restored.
Reinstatement After a Suspension or Revocation
Once your suspension or revocation period has expired, you can apply for reinstatement only if all conditions are satisfied.
Failure to meet even one of these keeps your driving privileges suspended indefinitely.
Requirements for Reinstatement:
Pay a $45 reinstatement fee to the Missouri DOR.
File and maintain proof of financial responsibility (SR-22 insurance) for two years from the suspension or revocation date.
Complete a certified Substance Abuse Traffic Offender Program (SATOP) or comparable treatment program.
After completion, the Division of Alcohol and Drug Abuse sends proof directly to the DOR.
For questions about approved programs, contact a certified SATOP Offender Management Unit (OMU) or the Division of Alcohol and Drug Abuse at (573) 522-4020.
Install an Ignition Interlock Device (IID) if there was any prior alcohol-related offense.
Remember: for any second alcohol offense, you must have a current IID installation on file with the DOR.
It is the driver’s responsibility — not the IID provider’s — to ensure all documentation is properly filed.
If your license was revoked for at least one year, you must also:
Retake and pass the full Missouri driver examination (written, vision, and skills tests).
Apply for a new license and pay the applicable fee.
Why Administrative DWI Defense Matters
Most drivers don’t realize that the administrative case often moves faster than the criminal case.
The DOR can suspend your license before you ever step foot in court. Once that happens, even if your criminal case is dismissed, reinstatement can still take months.
Andrew Brumitt ensures:
Your hearing request is filed immediately.
The officer’s probable cause and testing methods are challenged aggressively.
You receive guidance on temporary or restricted driving privileges (RDP or hardship license).
By attacking the administrative case early, you can often avoid or shorten suspension — saving your ability to drive to work, school, and family obligations.
DWI License Reinstatement in Missouri — What You Should Know
Ignition Interlock is required for repeat offenders or refusals.
SR-22 insurance must be maintained for 24 months.
SATOP completion is mandatory for all alcohol-related suspensions.
Failure to file documentation (even if you completed the steps) means your license stays suspended indefinitely.
Attorney Andrew Brumitt assists clients not only with DWI defense, but also with navigating these administrative requirements — ensuring every filing, fee, and program is completed properly and on time.
Facing a License Suspension After a DWI Arrest?
Call Missouri DWI Defense Attorney Andrew Brumitt.
Whether you refused testing or allegedly blew above the limit, you have rights — and a limited time to assert them.
Attorney Andrew Brumitt defends both the criminal and civil sides of every DWI case, ensuring you have a comprehensive strategy to protect your record, your license, and your future.
📞 Call (314)448-0914 or fill out the DWI Questionnaire for a free, confidential consultation.
Brumitt Legal represents clients in St. Louis County, St. Charles County, Jefferson County, Boone County, Greene County, Jackson County, and throughout Missouri.
The choice of a lawyer is an important decision and should not be based solely upon advertisements. Every case is unique and must be evaluated on its own facts. Past results do not guarantee future outcomes.