Missouri DWI Defense and Administrative License Hearing Package

MISSOURI DWI DEFENSE AND ADMINISTRATIVE HEARING PACKAGE

Missouri DWI Statutory Snapshot

PART 1 — IMPLIED CONSENT SUMMARY AND CLIENT INTAKE

A. Implied Consent — Plain-Language Summary

Under RSMo § 577.020, a person who operates a motor vehicle on Missouri public roadways is deemed to have consented to one or more chemical tests of breath, blood, urine, or saliva. Key features:

• Twenty-minute observation period required before evidentiary breath test (19 CSR 25-30.060).
• An arrested driver may consult counsel for up to twenty (20) minutes before deciding whether to submit (RSMo § 577.041.1).
• A refusal (or failure to comply within 20 minutes after request) triggers a one-year revocation under § 577.041 — separate from any administrative suspension under § 302.525 for failing the test.
• A driver may petition the circuit court within 30 days of revocation under § 577.041.4 to challenge the refusal revocation; the issues are: (i) was the person arrested, (ii) did the officer have reasonable grounds to believe the person was DWI, (iii) did the person refuse.

B. Client Intake Checklist

☐ Date and time of arrest: [__/__/____] at [__:__ AM/PM]
☐ Date Form 2385 issued: [__/__/____]
☐ 15-day deadline to request administrative hearing under § 302.530: [__/__/____]
☐ Date of Form 4323 (Alcohol Influence Report): [__/__/____]
☐ Arresting officer / agency: [________________________________]
☐ Criminal case court / cause: [________________________________]
☐ Test administered: ☐ Breath (DataMaster CDM / Intoxilyzer 8000) ☐ Blood ☐ Urine ☐ Refused
☐ Reported BAC: [____] %
☐ 20-minute observation period documented? ☐ Yes ☐ No ☐ Unknown
☐ 20-minute attorney consultation offered/used? ☐ Yes ☐ No
☐ Driver Improvement Form (DIF) given? ☐ Yes ☐ No
☐ Prior alcohol-related convictions/SIS within 5 years? ☐ Yes ☐ No
☐ Prior alcohol-related convictions lifetime? ☐ Yes [#____] ☐ No
☐ CDL holder? ☐ Yes ☐ No
☐ Minor under 17 in vehicle? ☐ Yes ☐ No (aggravating factor)
☐ Accident involved? ☐ Yes ☐ No — Injury? ☐ Yes ☐ No
☐ SR-22 status: [________________]

PART 2 — ADMINISTRATIVE HEARING REQUEST (15-DAY DEADLINE)

STATE OF MISSOURI — DEPARTMENT OF REVENUE — DRIVER LICENSE BUREAU

REQUEST FOR ADMINISTRATIVE HEARING — RSMo § 302.530

Pursuant to RSMo § 302.530, the above-named driver, through undersigned counsel, hereby timely requests an administrative hearing on the Department's proposed suspension or revocation of his/her driving privilege issued via Form 2385.

The driver requests:

☐ A telephone hearing (default unless otherwise designated)
☐ An in-person hearing at: [________________________________]
☐ Stay of suspension pending hearing — pursuant to § 302.530.4, the suspension is stayed if request is timely.
☐ Subpoena duces tecum for the arresting officer and the breath-test maintenance officer (Form 7).
☐ Subpoena for the production of all Department of Revenue records concerning the driver and all maintenance/calibration records of the testing instrument.

Issues to be Determined (RSMo § 302.530.4)

1. Whether the arresting officer had probable cause to arrest;
2. Whether the driver was, at the time of arrest, driving with a BAC ≥ .08% (or other applicable threshold).

Defense Issues

☐ No probable cause for traffic stop
☐ No probable cause to arrest for DWI
☐ Failure of 20-minute observation period (19 CSR 25-30.060)
☐ Breath instrument out of certification / failed maintenance check
☐ Operator's permit expired or invalid
☐ Improper foundation for blood test — chain of custody, kit expiration
☐ Driver was not the "operator"
☐ Medical condition affecting test result (GERD, diabetic ketoacidosis)

[ATTORNEY NAME], Mo. Bar No. [______]
[FIRM ADDRESS]
[PHONE] | [EMAIL]
Date: [__/__/____]

SERVE BY CERTIFIED MAIL OR HAND DELIVERY TO:
Missouri Department of Revenue — Driver License Bureau
Attn: Administrative Hearings
PO Box 200, Jefferson City, MO 65105-0200

PART 3 — DISCOVERY DEMAND (CRIMINAL CASE)

IN THE [ASSOCIATE CIRCUIT / CIRCUIT] COURT OF [COUNTY] COUNTY, MISSOURI
Case No.: [________________]

DEFENDANT'S REQUEST FOR DISCOVERY PURSUANT TO MO. SUP. CT. R. 25

Pursuant to Mo. Sup. Ct. R. 25.03, Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972), Defendant requests:

1. ☐ All written, recorded, or oral statements of Defendant — Rule 25.03(A)(1).
2. ☐ Names and addresses of all witnesses and their written or recorded statements — Rule 25.03(A)(2).
3. ☐ Reports of all examinations, tests, and experiments, including the Alcohol Influence Report (Form 4323), maintenance reports, and laboratory reports — Rule 25.03(A)(5).
4. ☐ Books, papers, documents, photographs, and tangible objects — Rule 25.03(A)(6).
5. ☐ Recordings: dash-camera, body-worn camera, breath-test room, sallyport, booking — covering initial contact through release.
6. ☐ The DataMaster CDM (or Intox 8000) instrument log, maintenance report (most recent under 19 CSR 25-30.031), simulator solution certificate, RFI scan results, and subject test record.
7. ☐ Department of Health Type II breath-test instrument permit and Type III operator's permit.
8. ☐ Missouri State Highway Patrol lab GC/MS data, chromatograms, chain-of-custody, analyst bench notes, and analyst proficiency records.
9. ☐ All officer field notes, supplemental reports, and CAD entries.
10. ☐ Personnel files / disciplinary records of officer witnesses (Brady/Giglio).
11. ☐ Driving record certified by DOR.
12. ☐ Notice of any prior misconduct evidence under § 491.074 or Rule 404(b).

[ATTORNEY SIGNATURE]
Date: [__/__/____]

PART 4 — MOTION TO SUPPRESS

IN THE [ASSOCIATE CIRCUIT / CIRCUIT] COURT OF [COUNTY] COUNTY, MISSOURI
Case No.: [________________]

MOTION TO SUPPRESS EVIDENCE

Defendant, by counsel, pursuant to Article I, §§ 15 & 19 of the Missouri Constitution and the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution, moves to suppress the following:

I. Grounds for Suppression — Check All That Apply

☐ A. Unconstitutional stop. Terry v. Ohio, 392 U.S. 1 (1968); State v. Pike, 162 S.W.3d 464 (Mo. banc 2005). The stop lacked reasonable suspicion.

☐ B. Lack of probable cause for arrest. State v. Lerette, 858 S.W.2d 816 (Mo. App. 1993).

☐ C. Failure of 20-minute observation period. 19 CSR 25-30.060; Berry v. Director of Revenue, 885 S.W.2d 326 (Mo. banc 1994). Instrument operator did not observe the subject continuously for 15-20 minutes (depending on instrument model) prior to test.

☐ D. Breath instrument out of certification or improperly maintained. 19 CSR 25-30.031.

☐ E. Warrantless blood draw without consent or exigency. Missouri v. McNeely, 569 U.S. 141 (2013) (originating in Missouri); Birchfield v. North Dakota, 579 U.S. 438 (2016); State v. Smith, 134 S.W.3d 35 (Mo. App. 2003).

☐ F. Failure to allow 20-minute attorney consultation. RSMo § 577.041.1; Norris v. Director of Revenue, 351 S.W.3d 256 (Mo. App. 2011).

☐ G. Miranda violation.

☐ H. Pretextual or unduly prolonged stop. Rodriguez v. United States, 575 U.S. 348 (2015).

☐ I. Statement-only refusal without unequivocal opportunity. Spradling v. Deimeke, 528 S.W.2d 759 (Mo. 1975).

II. Relief

1. Evidentiary hearing under Rule 24.05;
2. Suppression of all statements, breath/blood test results, and observations as fruit of the unlawful conduct.

[ATTORNEY SIGNATURE]
Date: [__/__/____]

PART 5 — PETITION FOR LIMITED DRIVING PRIVILEGE / HARDSHIP

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI
Case No.: [________________]

PETITION FOR LIMITED DRIVING PRIVILEGE — RSMo § 302.309

Petitioner, [DEFENDANT NAME], by counsel, pursuant to RSMo § 302.309, petitions the Court and states:

1. Petitioner resides at [________________________________] in [COUNTY] County, Missouri.
2. The Director of Revenue is named as a party defendant. (Petitioner shall serve the Director with this petition and the accompanying certified driving record.)

3. Petitioner's driving privilege is currently:
   ☐ Suspended under RSMo § 302.525 (administrative — failed test)
   ☐ Revoked under RSMo § 577.041 (refusal)
   ☐ Revoked under RSMo § 302.060 (10-year denial — chronic)
   ☐ Suspended/revoked for points or other reason: [_____________________]

4. Petitioner has filed proof of financial responsibility (SR-22) as required by Chapter 303 — Policy No. [_____________________].

5. The Petitioner is required to operate a motor vehicle for the following reasons under § 302.309.3(2):
   ☐ (a) Business, occupation, or employment — Employer: [_____________________] Address: [_____________________]
   ☐ (b) Medical treatment for Petitioner — Provider: [_____________________]
   ☐ (c) Attending school / institution of higher education — School: [_____________________]
   ☐ (d) Court-ordered alcohol or drug treatment program — Provider: [_____________________]
   ☐ (e) Required services of certified ignition-interlock provider
   ☐ (f) Other circumstances creating undue hardship: [_____________________]

6. Petitioner is NOT subject to a statutory bar to limited driving privilege under § 302.309.3(8) (specific felony DWI denials, vehicular manslaughter, etc.).

7. Petitioner consents to installation of a certified ignition interlock device with photo-identification technology as required by § 302.309.3(4) for refusal-based or repeat-offense denials.

WHEREFORE, Petitioner prays for an Order granting a Limited Driving Privilege for the purposes set forth above, with such restrictions on routes, days, and hours as the Court deems just, and directing the Director of Revenue to issue the appropriate LDP credential.

VERIFIED under penalty of perjury this [__] day of [_________], [____].

[DEFENDANT SIGNATURE]

[ATTORNEY SIGNATURE], Mo. Bar No. [______]
Date: [__/__/____]

Certificate of Service

I certify that a copy of this Petition was served upon the Director of Revenue at 301 W. High Street, Jefferson City, MO 65101, by certified mail on [__/__/____].

PART 6 — PLEA-DEAL ANALYSIS WORKSHEET

A. Exposure Snapshot

B. Collateral Consequences

☐ CDL — 1 yr 1st (lifetime 2nd) under 49 CFR § 383.51
☐ Professional licensure reporting (RSMo Chapter 324, 334, 337)
☐ Immigration consequences (consult INA expert)
☐ Firearm rights — felony DWI triggers federal 18 U.S.C. § 922(g)(1)
☐ Insurance / SR-22 for 2 years
☐ Out-of-state driving (NRVC compact)
☐ Canada admissibility

C. Negotiation Targets

D. Offer Log

E. Client Authorization

I, [DEFENDANT NAME], have reviewed the above with counsel. I authorize:
☐ Acceptance of the [__/__/____] offer.
☐ Counter-offer: [____________].
☐ Rejection and trial.

Defendant Signature: [____________________________] Date: [__/__/____]
Attorney Signature: [____________________________] Date: [__/__/____]

Sources and References

• RSMo Chapter 577 (DWI offenses) and Chapter 302 (Driver Licensing, Administrative Suspension)
• 19 CSR 25-30 (Missouri Department of Health breath-test rules)
• Mo. Sup. Ct. Rule 25 (Criminal Discovery)
• Mo. Sup. Ct. Rule 24.05 (Motion to Suppress)
• Mo. Department of Revenue Forms 2385 (Notice of Suspension/Revocation) and 4323 (Alcohol Influence Report)
• Berry v. Director of Revenue, 885 S.W.2d 326 (Mo. banc 1994)
• Missouri v. McNeely, 569 U.S. 141 (2013)
• Birchfield v. North Dakota, 579 U.S. 438 (2016)
• Spradling v. Deimeke, 528 S.W.2d 759 (Mo. 1975)
• Norris v. Director of Revenue, 351 S.W.3d 256 (Mo. App. 2011)
• Missouri DOR: https://dor.mo.gov/driver-license/revocation-reinstatement/dwi.html (15-day administrative hearing rule)

Disclaimer: Use of this template does not create an attorney-client relationship. Missouri DWI law is highly fact-dependent. Counsel must verify all citations and procedural deadlines before filing. The 15-day administrative hearing deadline under § 302.530 is strict and jurisdictional — failure to timely request the hearing forfeits the right to administrative review.