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
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
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
- 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
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.