5 & 10 Year License Denials
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 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:
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 mak a difference.
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.