Do I Automatically Lose My Driver’s License if I Am Arrested for DWI?

When you are arrested for DWI, you trigger two different sets of proceedings that might lead to a suspension of your driver’s license. First, you will face an automatic administrative suspension of your driver’s license if you took a breath or blood test to measure your blood alcohol content (BAC) and the results were over the legal limit of 0.08%. For a first DWI offense, the automatic suspension is for 90 days. If you have an alcohol or drug-related traffic offense within the last five years, then the automatic suspension increases to one year. This type of automatic suspension occurs even if you are not convicted of DWI or are convicted of lesser charges. However, a skilled DWI defense lawyer can possibly help you avoid this suspension.

You also receive an automatic administrative license revocation if you are stopped or arrested on suspicion of DWI and you refuse to take a BAC test. This is based on Missouri’s implied consent law, which means that if you have a Missouri driver’s license, you impliedly have agreed to undergo BAC testing as requested. If you refuse to take a BAC test, the automatic license revocation is for one year. A skilled DWI defense lawyer also can possibly help you avoid this revocation.

Additionally, accrual of eight points within an 18-month period on your license as a result of traffic violations, including DWI, will result in the suspension of your driver’s license. Since a DWI causes the assessment of eight points on your license for a first offense and 12 points for a second or subsequent offense, it can be fairly easy to reach the point threshold that results in the suspension of your license. And this point suspension will be in addition to the other suspension or revocation mentioned above.

For a first points violation, you will receive a 30-day license suspension; for a second violation, you are subject to a 60-day suspension, and for a third or subsequent offense, you will receive a 90-day suspension. The accumulation of 12 points within 12 months, 18 points within 24 months, or 24 points in 36 months will result in a one-year license suspension.

If you are convicted of a second traffic offense that involves intoxication, regardless of the length of time since your last offense, your driver’s license normally will be revoked for one year due to the accrual of points on your license. A second conviction on an alcohol or drug-related offense within a five-year period can result in a five-year denial of your driving privileges. A third such conviction can result in a ten-year denial of your driving privileges. And any more such convictions can lead to a lifetime denial of your driving privileges. If you have questions about your criminal charges, you will greatly benefit from the legal advice that you only can get from an experienced DWI defense lawyer.  Missouri DWI & Criminal Law Center of Benjamin Law Firm, LLC, has the skills and knowledge that will benefit you in handling your criminal charge. When you need clear answers to your legal questions, contact our office today at (816) 322-8008.

Write a Reply or Comment