Director of Revenue appeals an order of the circuit court of St. Louis City reinstating the driving privileges of respondent
Marsala which had been suspended by the Director of Revenue. We affirm. On May 27, 1989, Marsala was arrested in Jefferson County and charged with operating a motor vehicle while in an intoxicated
condition in violation of § 577.010, RSMo 1986. He submitted to a chemical breath analysis. His blood alcohol content
(BAC) was .214 of one percent. The arresting officer gave him a notice of suspension or revocation of his driving privileges.
See § 302.520.1 On June 5, 1989, Marsala, pursuant to § 302.530.1, timely submitted to Director a written
request for an administrative hearing to challenge his suspension. On June 14, 1989, Director denied his request for the stated,
but wrong, reason Marsala's driver's license had not been surrendered as required by § 302.530.1. Director mailed
a notice of loss of driving privileges which stated that effective June 11, 1989, his driving privileges were suspended for
30 days. By letter dated June 19, 1989, Marsala explained to Director that, as stated in arresting officer's verified report
of June 6, 1989, his driver's license could not have been surrendered because it was being held in lieu of bail in St. Louis
City on an earlier unrelated traffic violation. Marsala again requested a hearing. Director did not respond to this letter.
