After a DWI arrest in Missouri, many people focus on the criminal charge. But for most drivers, the most immediate consequence is what happens to their license. In Missouri, that outcome depends largely on one decision: whether you submitted to a breath or blood test, or refused.

At B Block Law LLC, we regularly explain this distinction to clients because it controls which legal filing applies and what happens next.

If You Submit to a Breath or Blood Test

If you take a chemical test and your blood alcohol concentration is .08% or higher, the Missouri Department of Revenue can take action against your license.

This is known as an administrative suspension.

Common consequences include:

  • A 30-day suspension, followed by

  • 60 days of restricted driving, if certain requirements are met

This license action is separate from your criminal DWI case and begins quickly after arrest. Drivers have a limited window to request a hearing to challenge the suspension.

 

Even if your criminal case is still pending in court, the administrative process moves forward unless it is addressed properly and on time.

If You Refuse the Test

Refusing a breath or blood test triggers a different filing and usually different license consequences.

This is known as a license revocation for refusal.

A refusal can result in:

  • A one-year license revocation

  • No automatic restricted driving privileges

  • Stricter reinstatement requirements

Many drivers assume refusing the test avoids consequences. In reality, refusal cases often carry harsher license penalties, and the deadlines to challenge them are just as strict.

Why Deadlines Matter

In both situations—whether you blow or refuse—there are short deadlines to request a hearing with the Department of Revenue. Missing those deadlines can mean losing the opportunity to challenge the suspension or revocation altogether.

License consequences can begin before a criminal case is resolved, which is why early legal guidance matters.

Criminal Case vs. License Case

It’s important to understand:

  • A DWI criminal case is handled in court

  • A license suspension or revocation is handled administratively

These are two different proceedings, and the outcome of one does not automatically control the other.

Talk to a St. Louis DWI Defense Firm

If you were arrested for DWI in St. Louis or Chesterfield, the decision to submit to or refuse testing has real consequences for your ability to drive. Understanding which filing applies to your situation is the first step toward protecting your driving privileges.

B Block Law LLC represents drivers facing DWI charges and license actions throughout St. Louis City and St. Louis County. Speaking with a criminal defense attorney early can help you understand your options and next steps.

Disclaimer: The choice of an attorney is important and should not be solely based upon advertisements. Each DWI case is different and you should consult with an attorney on specific legal issues.

Brendan Block

Attorney at Law

Brendan practices law in St. Louis, Missouri and surrounding areas. He handles all criminal cases, but especially DWI, shoplifting, theft and possession cases. He is a former prosecutor who now defends his clients with the utmost care and attention. 

BRENDAN CAN HELP YOU

"A friend gave me Brendan's info when I was charged with possession. I had no clue what to do but he took care of it all. He was honest with me the entire time and got my charge dropped. I would recommend him."
Garret L.
St. Louis, MO
Rated 5 out of 5