Missouri DWI and the Department of Revenue Hearing:

Two Separate Cases, One Criminal, and One Civil

Driving While Intoxicated (DWI) is a serious offense that can have severe consequences for individuals and society as a whole. In the state of Missouri, DWI cases involve two distinct legal processes: the criminal case and the administrative hearing conducted by the Department of Revenue. These processes address different aspects of the offense and have separate implications for the accused individual.

Missouri DWI

The criminal case is initiated when a person is arrested for driving under the influence of alcohol or drugs. It involves the state prosecuting the individual for violating the state’s DWI laws. The criminal case focuses on establishing guilt or innocence and determining appropriate penalties. If found guilty, the offender may face fines, probation, mandatory education programs, community service, license suspension, or even imprisonment, depending on the circumstances and prior convictions.

DOR Hearing

On the other hand, the administrative hearing conducted by the Department of Revenue is a civil proceeding that addresses the refusal to take a breath test. In Missouri, implied consent laws require drivers to submit to chemical tests to determine their blood alcohol concentration (BAC) when lawfully arrested for DWI. Refusing to take a breath test can result in an automatic suspension of the driver’s license, regardless of the outcome of the criminal case. The administrative hearing is an opportunity for the accused individual to contest the license suspension and present evidence or arguments in their defense.

While these two processes are related to a DWI arrest, it’s important to understand that they operate independently of each other. The outcome of the criminal case does not automatically determine the outcome of the administrative hearing, and vice versa. The burden of proof is also different in these cases. In the criminal case, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. In the administrative hearing, the burden of proof is typically lower, requiring a preponderance of the evidence. This means the evidence must show it is more likely than not that the driver refused the breath test.

The criminal case focuses on criminal penalties, while the administrative hearing primarily concerns the driver’s license suspension. Even if a person is acquitted of the criminal charges, they may still face a license suspension if they refused the breath test. Conversely, an individual may be found guilty in the criminal case but succeed in overturning the license suspension in the administrative hearing, although this scenario is relatively rare.

In summary, Missouri DWI cases involve two distinct legal processes. One is the criminal case. The other is the administrative hearing conducted by the Department of Revenue. While both are connected to the same incident, they have different purposes and consequences. The criminal case determines guilt or innocence and imposes criminal penalties, while the administrative hearing addresses the refusal to take a breath test and potential license suspension. It is crucial for individuals facing DWI charges in Missouri to understand and navigate both processes effectively to protect their rights and minimize the impact of the offense.