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5 & 10 Year License Denials

Wondering how your DWI affects driving privileges?

If you have been arrested and accused of driving under the influence in St. Louis, you face a number of penalties, including having your driving privileges taken away from you. While those with a first time conviction oftentimes face a minimal intrusion of their ability to drive, those with multiple DWI convictions find the court taking a harsher stand against them.

Multiple convictions of alcohol related offenses in Missouri will result in a denial of driving privileges for a five (5) or ten (10) year period. While there are many nuances to the law, Missouri statutes essentially state:

  • A second conviction for driving while intoxicated (DWI) in a five year period will result in five-year license denial.
  • A third or more conviction for driving while intoxicated (DWI) in a five year period will result in a ten-year license denial.

After the respective denial period, either five years or ten years, driving privileges may be restored by court order only. In a ten-year denial, the driver must obtain an order of reinstatement from the circuit court in the county where the last conviction occurred after serving the ten-year period. However, a person may be able to gain driving privileges sooner by obtaining a limited driving privilege through the court, often called a "Hardship" license.

When you have been convicted of DWI, the court will aggressively act to take away many of your rights and privileges. It is important now more than ever to take the steps necessary to protect yourself. Work with an experienced DWI lawyer at Millikan Wright, LLC and learn how a license denial affects you and the steps you can take to minimize its impact on your life.

Schedule a free initial case consultation with the former police officers and prosecutors on our team of St. Louis DWI defense lawyers!

Limited Driving Privileges in a License Denial

Folks with five and ten year license denials are eligible to apply for a LDP. Section 302.309.3(8)(a) and (b) RSMo, provides in part that the applicant show proof of the following:

  • Ignition interlock devices (IIDs) with camera and GPS features
  • Applicants must be “otherwise eligible” for an LDP (i.e., no felony, etc.). If not eligible, the person may apply to a DWI court.
  • A court shall grant the LDP if the applicant:
    • Is otherwise eligible;
    • Has filed proof of ignition interlock installation;
    • Has no “alcohol related enforcement contacts” as defined in Section 302.525.3 RSMo since the last conviction that triggered the denial; and
    • The court makes a finding that the applicant’s habits and conduct show they no longer pose a threat to the public safety

Our Firm Can Help with the Reinstatement of a St. Louis Driver’s License

Driving privileges may be reinstated after the suspension or revocation period is served, provided all requirements are filed with the Missouri Department of Revenue. Drivers not satisfying the reinstatement requirements of the State will continue to have their driving privileges suspended or revoked.

If driving privileges were suspended or revoked for points assessed resulting from an alcohol related conviction, the driver must meet the following requirements to have privileges reinstated:

  • Pay $45 reinstatement fee.
  • File and maintain proof of financial responsibility for two years from the suspension or revocation date.
  • Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP).
  • Drivers revoked for at least one year are required to successfully complete the driver examination and apply for a new license (and pay the appropriate license fee).

If you are wondering how you may be able to have your driving privileges reinstated after a license denial, consult with Millikan Wright, LLC. With over 50 years of combined experience, our award-winning St. Louis DWI lawyers can help you regain your freedom. We believe that everyone deserves to have their rights upheld before the court and that a simple mistake should not prevent anyone from being able to provide for themselves and their family.

For more information how a DWI attorney can help you, do not hesitate to call our offices immediately.

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