A chemical-test refusal after a Missouri DWI stop can lead to a separate driver-license revocation. Under RSMo § 302.574, Missouri’s Director of Revenue revokes the driving privilege for one year upon receiving the required officer’s report. RSMo § 577.041 addresses the request for testing and the use of refusal evidence.
The temporary permit and the court deadline
Missouri law provides for a 15-day temporary driving permit when the officer serves the refusal notice under § 302.574. The permit governs how long that document authorizes driving. Check the dates and terms on the paperwork you received.
The Missouri Department of Revenue’s test-refusal guidance says to file a petition for review within 30 days from the date the Notice of Revocation is issued. For a Missouri stop, the petition generally goes to the circuit or associate circuit court in the county of the stop or arrest. DOR directs drivers stopped outside Missouri to the Cole County Circuit Court.
A petition and a court order staying the revocation are separate steps. You can ask the court to stay the revocation while it reviews the case. Check your current driving status and any signed court order before driving after the permit expires.
What the court reviews
Under RSMo § 302.574, the court considers whether a stop or arrest occurred, whether the officer had the reasonable grounds specified in the statute, and whether the driver refused testing. The license review is separate from the criminal DWI case. The notice, reports, recordings, and sequence of events can help counsel assess both.
How a refusal differs from a Form 2385 notice
A notice of suspension or revocation issued under Missouri’s administrative alcohol law follows a Department of Revenue hearing process. RSMo § 302.530 provides 15 days from receipt of that notice to request a hearing. The Missouri DOR’s administrative alcohol guidance instructs drivers with Form 2385 to submit the request within 15 days of issuance. Check the form and follow its instructions promptly. See our guide to Missouri DWI license hearings and reinstatement.
Reinstatement after a refusal revocation
The Department of Revenue lists requirements for reinstatement, including a Substance Awareness Traffic Offender Program or comparable program, proof of financial responsibility, and fees. An ignition interlock device may be required depending on the driving record and circumstances. Use the Missouri Department of Revenue’s test-refusal guidance to check which requirements apply to your case.
What to bring to a consultation
- The revocation notice and any temporary permit, including the dates on each.
- The citation and the date and location of the stop.
- Any prior license correspondence and any court order concerning your driving privilege.
Kissell Law Group handles Missouri DWI defense from its Clayton and Kansas City offices. Request a free initial consultation to review your notice and the steps available.
Frequently Asked Questions
How long does a chemical-test refusal revocation last in Missouri?
Missouri law provides for a one-year revocation under section 302.574. Check your notice and the Department of Revenue’s requirements for reinstatement.
Does filing a petition extend the temporary permit?
A petition lets you request court review. A court can grant a separate stay, which can serve as proof of driving privilege while the review is pending. Check your permit and any signed stay order before driving.
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