Legal Question in DUI Law in Missouri

Missouri DUI / DWI: Why do I have two separate criminal and civil refusal hearin

Civil Administrative Refusal Hearings under RSMo. 577.041 are separate from any criminal proceedings arising from the same incident. A driver may still be revoked for refusal even if he or she is acquitted of DWI in the criminal portion of his or her Missouri DUI / DWI case. Tolen v. Missouri Department of Revenue, 564 S.W.2d 601, 602 (Mo.App. 1978).

Similarly, a determination of no probable cause for the arrest in the criminal portion of a driver's Missouri DUI / DWI case is irrelevant to the civil refusal portion of the case. Borchelt v. Director of Revenue, 806 S.W.2d 95, 101 (Mo.App. 1991). What this means is a driver can win and get the criminal portion of his or her case dismissed and still lose their license for one year in the civil refusal hearing for refusing a chemical test.

Hire an experienced attorney!! If our office can be of assistance, please do not hesitate to contact us.

J. Matthew Guilfoil, Missouri DUI / DWI / BAC Lawyer, Kenney, Shepherd & Guilfoil, L.L.C. Toll Free Number (866) DWI-MATT. EMAIL: [email protected]

Web pages:

http://Missouri-dui-dwi-defense.com

http://www.drunkdrivingdefense.com/missouri-dui-attorney-guilfoil/ (www.drunkdrivingdefense.com Missouri page)

http://www.dui-dwi.com/missouri-dui-attorney-guilfoil/

(www.dui-dwi.com Missouri page)

http://www.ksg-law.com