DRIVERS' MOST COMMONLY ASKED QUESTIONS
REGARDING LIMITED DRIVING PRIVILEDGES AFTER A DRIVER'S
LICENSE SUSPENSION IN A MISSOURI DUI / DWI CASE
I have a felony DWI conviction in
Missouri, can I receive a limited driving privilege to
go to work?
In Missouri, there are no limited driving
privileges given to drivers for felonies. Any felony,
including felony DWI, involving the use of a motor vehicle,
will disqualify for life, a person from getting a hardship.
Hagan v. Director of Revenue, 968 S.W.2d 704 (Mo. banc
1998).
Can I receive a limited
driving privilege to work to pay child support?
No. RSMo. Section 454.1010.9
provides that a limited driving privilege pursuant to RSMo.
Section 302.309 is not available to work to pay child support.
The driver must petition the court which entered the child
support order or which has jurisdiction over the child support
arrearage order for a stay of the order in cases of hardship.
The Director of Revenue cannot issue limited driving privileges
in this situation.
My Missouri driver's
license was suspended for failure to appear in court, may
I receive a limited driving privilege?
No. RSMo. Section 302.309.3(5)(c)
states that no person who has received a suspension pursuant
to RSMo. Section 302.341 for failure to appear in court
is eligible for a limited driving privilege. In order to
qualify for a limited driving privilege, the driver must
satisfy all outstanding failure to appear notices and provide
proof of compliance with the failure to appear for each
suspension before further eligibility can be determined
for the limited driving privilege.
My driver's license was
suspended in my Missouri DUI / DWI case when I was under
21. May I receive a limited driving privilege?
Maybe. For under-21, abuse
and lose offenses, the driver is eligible for limited driving
privileges for the Missouri, abuse-and-lose DUI / DWI suspension
/ revocation alone as long as he or she is not ineligible
for some other reason pursuant to RSMo. Section 302.309.3(5).
Commercial (CDL) Licenses.
I have a Class F (Normal) driver's license and it was suspended
or revoked for DUI / DWI and I received a limited driving
privilege. May I test for a Class A, B or C (commercial)
driver's license to upgrade the limited driving privilege?
NO. RSMo. Section 302.720.6
specifically states that a commercial driver's license may
not be issued to a person whose license is currently suspended,
revoked, or disqualified in any state.
I just received my second
DUI / DWI in Missouri. Do I have to have ignition interlock
on my car to get a limited driving privilege? If I have
to have ignition interlock on my car to drive, can my wife
leave ignition interlock off of her car since she does not
have any DUI / DWI on her driving record?
RSMo. Section 577.600 requires
that any court granting a limited driving privilege to any
person who is found guilty or pleads guilty to a second
or subsequent intoxication-related traffic offense SHALL
REQUIRE the use of an ignition interlock device in ALL vehicles
operated by the person as a required condition of limited
driving privilege.
I just received my second
DWI, but my right to drive is revoked in another state.
Can I get a limited driving privilege in Missouri after
my DWI is over?
No. If a driver wants a limited
driving privilege from the Missouri Department of Revenue
or the Court, he or she cannot be suspended or revoked in
another state. The driver will be required to retest if
his or her license is expired or if he or she has no valid
Missouri license if a limited driving privilege is sought
How Do I get a limited
Driving privilege?
Application for a limited driving
privilege may be made either to the circuit court in the
county of residence or employment OR to the Director of
Revenue. For drivers who chose to go to the Director of
Revenue, application forms are available at all local Department
of Revenue offices as well as the main offices in Jefferson
City. All denials by the Director may be appealed within
30 days of the denial notice to the Circuit Court in the
county of residence or employment. The issue for the court
on appeal is whether the Director of Revenue correctly denied
the limited driving privilege in accordance with RSMo. Section
302.309.
The correct procedures must
be followed to apply for limited driving privileges. If
the driver applies for a limited driving privilege with
the Director of Revenue, their instructions are: the applicant
must submit a completed application form and have proof
of insurance (SR-22) on file with DOR. The applicant is
not required to submit a driving record since the information
is already available to the DOR. It takes approximately
seven working days for the Director to process the application
and issue an order either granting or denying LDP. The orders
are mailed to the applicant by ordinary mail.
If the driver applies for a
limited driving privilege with the Court, the applicant
names the Director as Defendant and states the reasons he
or she is suspended/revoked and the reasons he or she has
need for a hardship license. This petition must be served
on the Director. An attorney from the Department of Revenue
will file an answer that will point out any statutory reasons
for ineligibility. If there are no statutory reasons to
deny the granting of the hardship, the answer will simply
state it is in the court's discretion. It is up to the applicant
or his or her attorney to "move" the petition
for setting of appearances. The only cases attorneys from
DOR normally appear on are those to which an objection to
the granting of a hardship is made.
All limited driving privileges
are granted at the discretion of the Director of Revenue
or the Court
I just had my license
suspended in another state for a DWI conviction. Can I apply
for a Missouri limited driving privilege for the duration
of my license suspension from the other state since I now
live in Missouri?
No. An applicant of a Missouri
limited driving privilege must be a resident of Missouri
or be employed in Missouri. RSMo. Section 302.309. An out
of state resident cannot move to Missouri and apply for
limited driving privileges from this state to cover the
period of the out-of-state suspension or revocation.
INELIGIBILITY PROVISIONS
FOR A LIMITED DRIVING PRIVILEGE IN MISSOURI
The following are all of
the statutory grounds for denial of hardship driving privileges:
- Any state DWI or BAC conviction and any
municipal or county DWI or BAC conviction where the judge
was an attorney and Defendant was represented by counsel
or waived the right to counsel, until the person has completed
the first thirty (30) days of any suspension or revocation;
- Any vehicular felony within the person's
lifetime in the driving history; Any person who is too
young for a license-- RSMo. Section 302.060(1) & (2);
- Any person who is a habitual drunkard
or addicted to drugs-- RSMo. 302.060(4);
- Any person who is adjudicated incapacitated
within the person's lifetime unless restored to capacity--
RSMo. Section 302.060(5);
- Any person who has been required to submit
to a driver's examination and who has failed that examination--
RSMo. Section 302.060(6);
- Any person who has an unsatisfied judgment
against them as the result of a motor vehicle accident--
RSMo. Section 302.060(8);
- Any person who has been convicted three
(3) or more times of DWI or BAC (state, out-of-state,
county, or municipal), where the judge was an attorney
and Defendant was represented by counsel or waived counsel
who has not SERVED at least three (3) years of the denial
without any alcohol or drug conviction within three (3)
years of his or her application -- RSMo. Section 302.060(8);
- Any person who has been convicted two
(2) times within five years of DWI or BAC (state, out-of-state,
county, or municipal), where the judge was an attorney
and Defendant was represented by counsel or waived counsel,
for five years from the date of the second such conviction,
who has not SERVED at least two (2) years of such denial
without any alcohol/drug convictions within two (2) years
of such denial without any alcohol/drug convictions within
two (2) years of his or her application -- RSMo. Section
302.060(10);
- Any person convicted of (felony) involuntary
manslaughter while intoxicated within the person's lifetime
-- RSMo. Section 302.060(10);
- Any person denied a license because of
a suspension or revocation currently in effect in another
state (The driver's license compact) -- RSMo. Section
302.060(11);
- Any person currently suspended for failure
to respond to this or another state's traffic ticket (in-state
failure to appear or non-resident violator's compact)--
RSMo. Section 302.341 & 544.046;
- Any person convicted of operating a motor
vehicle while under the influence of drugs within the
person's lifetime under RSMo. Chapter 195;
- Any person convicted
of leaving the scene of an accident in violation of state
law within the person's lifetime -- RSMo. Section 577.060;
- Any person who has once refused to submit
to a chemical test, until the person has served ninety
(90) days of his or her revocation;
- Any person who has more than once refused
to submit to a chemical test within the person's lifetime
in this or any other state -- RSMo. Section 302.309.5(f);
- Any person whose commercial driver's
license is disqualified (the person may obtain hardship
privileges for Class F driving, if eligible);
- Any person suspended under the Administrative
Alcohol or Zero tolerance law until the person has completed
thirty (30) days of such suspension, although it is not
recommended;
- Any person revoked under the Administrative
Alcohol or Zero Tolerance law for one year -- RSMo. Section
302.525.2;
- Any person who has been issued a hardship
license in the past five years.
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