DRIVER'S LICENSE SUSPENSION
Any driver's license suspension arising from a DWI arrest can be challenged, but that challenge must be filed within 15 days of the arrest. No license suspension is automatic, so it is important to have a St. Charles DWI Lawyer review the facts and circumstances of your case prior to the beginning of the driver's license suspension. There are two possible driver's license suspensions that can arise out of a DWI arrest.
CHEMICAL TEST OVER THE LEGAL LIMIT
The legal limit for blood alcohol content while driving in Missouri is 0.08%. If there was a valid chemical test that resulted in a blood alcohol content over the legal limit, then the Missouri Department of Revenue will move to suspend your driver's license. There are three possible chemical tests: breath, blood, or unine. By far the most common chemical test is the breath test. If this is a first offense, or a second offense more than five years after your first offense, then the driver's license suspension is 90 days. In most cases a restricted driving privilege can be obtained after the first 30 days of the suspension to allow you to drive for work related purposes for the final 60 days of the suspension.
BREATH TEST REFUSAL OR REFUSAL OF OTHER CHEMICAL TEST
If you have been arrested for a DWI and refuse to submit to a chemical test of your blood, breath, or urine, then the Missouri Department of Revenue will move to suspend your driver's license for one year. Some police officers will refer to this as an "automatic suspension" if you do not take the breath test, but there is nothing automatic about the suspension. A St. Charles DWI lawyer can file a legal challenge to this suspension, and fight the suspension on grounds that you were not legally placed under arrest, or the refusal was not lawful. If this is your first offense, then there may even be the possibility a qualified DWI lawyer could negotiate for your license to be returned with no suspension.
CONTACT ST. CHARLES DWI LAWYER JASON KORNER
If you have been arrested for DWI in St. Charles County, then call (636) 206-4400 to schedule a free consulation with St. Charles DWI lawyer Jason Korner.