What is Form 2385?

Form 2385 is a Missouri Department of Revenue form given to a driver after a failed breath or blood alcohol test. It is called a Notice of Suspension or Revocation of Your Driving Privilege, but it does not mean that your license is immediately suspended. 

Temporary Driving Permit

Note that on the top right side of the form, it states that Suspension or Revocation starts 15 days from this date, with an arrow pointing to the date of your arrest. Near the middle of the form is a black box labeled Temporary 15-Day Driving Permit. This means that, assuming you were valid to drive before your arrest, you can legally drive for 15 days after your arrest, even if the officer took your driver's license. After those 15 days, you have several options.

Hire a Lawyer

This is the easiest way forward. Hiring a lawyer can be expensive (maybe not as expensive as you think), but it can save you a lot of aggravation not only with the license issues, but also with the criminal case. A lawyer can file a request for an Administrative Hearing. This will stop the license suspension from starting on day 15; you can drive until the hearing. If your lawyer wins the hearing, you will never be suspended.

Request Administrative Hearing

You can request an administrative hearing on your own by completing the bottom section of Form 2385 and mailing it to the address at the top of the second page. This is a smart thing to do if you are still considering your options or plan to hire a lawyer after the 15 days. An attorney can conduct the hearing for you even if you requested it. You have the right to handle the hearing yourself without a lawyer, but this is very rare. A lawyer knows how to obtain police reports and video, analyze them, and present an argument to the hearing officer. Very few non-attorneys would have success doing this on their own.

Restricted Driving Privilege

You can request a restricted driving privilege to keep driving after the 15 days by following the instructions under Option 1 on the second page, provided you do not have an alcohol-related offense within the past 5 years. There are a lot of complicated details, but the basics are that you install an ignition interlock device in your vehicle and can then drive to approved locations like work, school, church, court, etc. for the next 90 days. You can apply for license reinstatement by following the instructions at the bottom of the page. It is definitely worth contacting the Department of Revenue before you do this to make sure you have all the details right.

Option 2

An alternative to the 90-day restricted driving privilege is a 30-day “hard walk” full suspension followed by a 60-day restricted driving privilege without an ignition interlock device. You will not legally be able to drive for the first 30 days, but you will not need an ignition interlock device to drive the last 60 days. Like the 90-day restricted driving privilege, there are requirements such as proof of insurance and complicated reinstatement steps, so it is best to contact the Department of Revenue for details. 

Reinstatement

The steps you need to take to have your driving privileges reinstated after a suspension are listed at the bottom of the second page. You will need to complete the Substance Abuse Traffic Offender Program (SATOP), pay a $45 reinstatement fee, and provide proof of car insurance (ST-22). You will also need to install an ignition interlock device if you have a previous alcohol-related offense. Your lawyer can provide more detailed instructions.

Call Ruth

Feel free to call attorney Ruth Beerup at 636-940-1111 if you have any questions. Hiring a lawyer is the best way to navigate a DWI. They can walk you through the process, handle court and Department of Revenue hearings, and maybe even keep you from being suspended. Ruth Beerup has over 25 years of experience dealing with DWI charges, and she can help with yours.