5 & 10 Year License Denials
Wondering how your DWI affects driviling privileges?
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.
Five and Ten Year License Denial - Limited Driving Privilege
Folks with five and ten year license denials are eligible to apply for
an 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:
1) is otherwise eligible
2) has filed proof of ignition interlock installation
3) has no “alcohol related enforcement contacts” as defined
in Section 302.525.3 RSMo since the last conviction that triggered the denial
4) the court makes a finding that the applicant’s habits and conduct
show they no longer pose a threat to the public safety
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
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:
Contact us online or call 314.272.3368 for a
FREE consultation and learn how the law applies to your specific situation. As former police
officers and a former prosecuting attorney, we know potential pitfalls
in the investigative process. As criminal defense attorneys, we know how
to afford you protection under the law. Our education and experience make
The Missouri Criminal Defense Attorneys of Millikan Wright, LLC focus serving
the needs of the greater St. Louis Metropolitan area. On the Missouri
side, our criminal lawyers defend people in St. Louis city, St. Louis
county, Jefferson county, Franklin county, St. Charles county, and Lincoln
county. On the Illinois side, our attorneys represent people hurt in Madison
county, St. Clair county and Monroe county.