DRIVERS' MOST COMMON ADMINISTRATIVE HEARING DRIVER'S LICENSE QUESTIONS IN MISSOURI DUI / DWI CASES

DRIVING RECORD

For a Missouri driver to obtain a driving record in a Missouri DUI / DWI case, he or she must write to the Missouri Department of Revenue at: Drivers and Vehicle Services Bureau, P.O. Box 200, Jefferson City, MO 65105. For each request, the fee is $1.25 or $4.00 for Certified Copy. The driver must include his or her name, date of birth, and driver's license number. Driving records may be obtained at any revenue office.

What kind of suspension is the driver looking at for "points" in a Missouri DUI / DWI case?

Accumulating 8 points in 18 months is a thirty day suspension, and accumulating 12 points in 12 months is a one year revocation. See RSMo. 302.302 for determining how many points are assessed for different types of Missouri offenses.

CLASSIFICATION OF THE DRIVER BASED ON THE NATURE OF THE MISSOURI DUI / DWI OFFENSE

Is the driver a Missouri DUI / DWI first offender, a "prior" offender, or a "persistent" offender? (Note: 2005 Missouri DWI Caselaw Update: Click here to read about the new categories Chronic Offender and Aggravated Offender)

A Missouri DUI / DWI prior offender is a person who has pleaded guilty to or has been found guilty of one intoxication-related traffic offense, where such prior offense occurred within five years of the occurrence of the intoxication-related traffic offense for which the person is currently charged. See RSMo. Section 577.023.1(3). A prior offender offense is a Class A Misdemeanor.

A Missouri DUI / DWI persistent offender is either:

a) a person who has pleaded guilty to or who has been found guilty of two or more intoxication-related traffic offenses, where such two or more offenses occurred within ten years of the occurrence of the intoxication-related traffic offense for which the person is currently charged; OR

b) a person who has pleaded guilty to or been found guilty of: involuntary manslaughter pursuant to RSMo. Section 565.024.1, Assault in the second degree pursuant to RSMo. 565.040.1(4) or Assault of a law enforcement officer in the second degree pursuant to RSMo. 565.082.1(3). A persistent offender offense is a Class D Felony.

WHICH PRIOR ALCOHOL ACTIONS COUNT AGAINST THE DRIVER IN DETERMINING WHETHER HE OR SHE IS A FIRST TIME OFFENDER, A PRIOR OFFENDER, OR A PERSISTENT OFFENDER?

Prior Missouri DUI / DWI administrative alcohol actions (civil license suspension actions as opposed to Missouri DUI / DWI criminal court) are not used in determining which of these categories a driver falls under. The only items in the driver's history which count for enhancement to a prior or persistent offender status are those that are considered intoxication-related traffic offenses, as defined in RSMo. Section 577.023.1(1). However, it is important to note that prior offenses where the driver received a Suspended Imposition of Sentence (SIS) Probation will be used as pleas of guilty against the driver and as a conviction that counts for enhancement to a prior or persistent offender under the statute.

HOW LONG WILL A DRIVER LOSE HIS OR HER DRIVING PRIVILEGES AS A RESULT OF THIS CURRENT DWI ARREST IF A CONVICTION IS TAKEN ON THE DRIVER'S DRIVING RECORD? IS THE DRIVER ILLEGIBLE FOR A HARDSHIP LICENSE, AND IF SO, WHEN?

If the current Missouri DUI / DWI charge against the driver results in a DWI or BAC conviction, where there are no alcohol-related traffic offenses on the driver's record, the driver will receive 8 points on his or her license and the driver's license will be lost for 90 days, assuming there are no other points previously on the driving record which could increase the suspension to a revocation. RSMo. Section 302.302.1(8) & Section 302.304(5).

The driver is illegible for a hardship license after the first 30 days, assuming nothing on his or her driving record prevents it. He or she must file an SR-22 insurance compliance form with Director of Revenue. RSMo. Section 302.309.3(5)(A).

If the current Missouri DUI / DWI charge against the driver results in a BAC conviction, where the driver has one DWI or BAC conviction on his or her driving record obtained at any time, the driver will receive 12 points on his or her license and the driver's license will be revoked for one year. RSMo. Section 302.302.1(9).

The driver is illegible for a hardship license after the first 30 days, assuming nothing on his or her driving record prevents it. He or she must file an SR-22 insurance compliance form with Director of Revenue. RSMo. Section 302.309.3(5)(A).

If the current Missouri DUI / DWI charge against the driver results in a DWI conviction, where the driver has a DWI conviction on his or her driving record within 5 years of the assessment of this conviction by the Director of Revenue, the driver will receive 12 points on his or her license and the driver's license will be revoked for one year. There is also a five-year denial of the ability for the driver to have his or her license reinstated, so two DWI convictions within a five-year period effectively results in a five-year loss of the driver's license. See RSMo. Section 302.060(10).

A driver is eligible for a hardship license in such a Missouri DUI / DWI case after two years, except where by Missouri law they are otherwise ineligible. The driver is otherwise ineligible under the statute if: this current offense is a felony; the driver has two chemical test refusals on his or her driving record; etc. The list is long. See RSMo. Section 302.060(10).

HARDSHIP LICENSE FOR A FIVE-YEAR DENIAL: RSMo. SECTION 302.309.3(6)(B).

When a driver applies for a hardship license for a five-year denial in a Missouri DUI / DWI case, the hardship may be granted by the Director of Revenue upon application, but they usually will deny it. The driver must then file a petition in Court where a judge may grant application, after a hearing where the driver presents evidence satisfactory to the court.

To have a court grant the driver a hardship license for a five-year denial in a Missouri DUI / DWI case, the driver must show the court that: he or she has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding two years; his or her habits and conduct show that the person no longer poses a threat to the public safety of this state.

If the current Missouri DUI / DWI charge against the driver results in a DWI or BAC conviction, where the driver has two or more DWI or BAC convictions on his or her driving record obtained at any time, the driver will receive 12 points on his or her license and the driver's license will be revoked for one year. RSMo. Section 302.302.1(9). There is also a ten-year denial of the ability for the driver to have his or her license reinstated, so three or more DWI or BAC convictions lifetime effectively results in a ten-year loss of the driver's license. See RSMo. Section 302.060(10).

A driver is eligible for a hardship license in such a Missouri DUI / DWI case after three years, except where by Missouri law they are "otherwise ineligible." The driver is "otherwise ineligible" under the statute if: this current offense is a felony; the driver has two chemical test refusals on his or her driving record; etc. The list is long. See RSMo. Section 302.060(9).

HARDSHIP LICENSE FOR A TEN-YEAR DENIAL. RSMo. SECTION 302.309.3(6)(A).

When a driver applies for a hardship license for a ten-year denial in a Missouri DUI / DWI case, the hardship may be granted by the Director of Revenue upon application, but they will deny it. The driver must then file a petition in Court where a judge may grant application, after a hearing where the driver presents evidence satisfactory to the court. Note: 10-year denial reinstatement petitions are not always filed in the Court in the County where the person resides. RSMo. Section 302.060(9) requires that the driver file the 10-year denial reinstatement petition in the county where the driver's last DUI / DWI, BAC conviction took place, not where the driver resides.

To have a court grant the driver a hardship license for a ten-year denial in a Missouri DUI / DWI case, the driver must show the court that: he or she has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding three years; his or her habits and conduct show that the person no longer poses a threat to the public safety of this state.

If the current Missouri DUI / DWI charge is a conviction for vehicular assault, it's a felony conviction and 12 points are assessed, causing a one-year revocation of the client's driver's license. RSMo. Section 302.302.1(11). No hardship is authorized in a Missouri DUI / DWI case which results in a conviction for vehicular assault, as this crime is a felony involving the use of a motor vehicle. RSMo. Section 302.309.3(5)(B).

If the current Missouri DUI / DWI charge is a conviction for vehicular homicide (involuntary manslaughter), it's a felony conviction and 12 points are assessed, causing a one-year revocation of the driver's license. There is also a five-year denial of the ability to be reinstated, so effectively it's a five-year denial loss of license. RSMo. Section 302.060.1(10). No hardship is authorized in a Missouri DUI / DWI case which results in a conviction for vehicular homicide (involuntary manslaughter), as this crime is a felony involving the use of a motor vehicle. RSMo. Section 302.309.3(5)(B).

If the driver can obtain an Suspended Imposition of Sentence (SIS) Probation in a Missouri DUI / DWI case, regardless of the driver's prior record, it will not appear on the driving record at Director of Revenue, and the criminal portion of the driver's Missouri DUI / DWI case will not impact his driving privileges. However, the administrative hearing / civil portion of the driver's Missouri DUI DWI case may and often does effect the driving privilege.

ADMINISTRATIVELY, HOW LONG WILL THE DRIVER BE SUSPENDED OR REVOKED IN A MISSOURI DUI / DWI CASE? IS THE DRIVER ELIGIBLE FOR A HARDSHIP LICENSE IF CONVICTED, AND IF SO, WHEN?

MISSOURI DUI / DWI CHEMICAL TEST FAILURE CASES

In a Missouri DUI / DWI case, if a driver takes and fails a chemical breath test, and he or she has no alcohol-related contacts (as defined in RSMo. Section 302.525.1(3)) in the past five years, his or her license will be suspended for 90 days, the first 30 of which shall be without any restricted privileges.

For such a suspension in a Missouri DUI / DWI case, for the next 60 days, the driver may receive a 60-day restricted license to drive in connection with his or her employment if he or she files either: an SR-22 insurance certificate OR timely files a trial de novo contesting the loss of the administrative hearing. RSMo. Section 302.525.2(1) and 302.309.5(H).

In a Missouri DUI / DWI case, if a driver takes and fails a chemical breath test and he or she does have an alcohol-related enforcement contact in his or her driving record, the license will be revoked for one year and the driver is ineligible for a restricted or hardship license for any period of time during the revocation. RSMo. Section 302.525.2(2) & 302.309.3(5)(H).

MISSOURI DUI / DWI CHEMICAL TEST REFUSAL CASES

In a Missouri DUI / DWI case, if a driver refuses to take a chemical test, his or her license shall be revoked for one year, and he or she is eligible for a hardship license after 90 days. RSMo. Section 577.041.3 & 302.309.3(5)(E). For refusals in Missouri DUI / DWI cases, the driver must file proof of SR-22 insurance to receive a hardship license after 90 days, which may be obtained directly from the Director of Revenue.

However, if in a Missouri DUI / DWI chemical test refusal case the driver refused a chemical test and has a prior chemical revocation for a refusal on his or her driving record, the license shall be revoked for one year and the driver is ineligible for a hardship license. RSMo. Section 302.309.3(5)(F).

FIVE AND TEN YEAR DENIALS

If the driver is convicted twice within five years of DWI and is denied a license for five years, he or she may receive a hardship after two years "if otherwise eligible." RSMo. Section 302.060(10). Similarly, if the driver is convicted more than twice or offenses relating to DWI and is denied a license for ten years, he or she may receive a hardship license after three years "if otherwise eligible.". RSMo. Section 302.060(9).

There are no time limitations when the other two or more offenses, which cause the ten-year denial, may have occurred, essentially covering the driver's entire driving history. Some old BACs and municipal convictions on the driver's record will not count toward a ten-year denial. In a Missouri DUI / DWI case that involves a potential ten-year denial, it is advisible to write to the Director of Revenue and see if they have coded the prior offenses to count toward a ten-year denial.

THE DRIVER'S SUSPENSION, REVOCATION OR DENIAL HAS ENDED, HOW DOES HE OR SHE GET REINSTATED WITH FULL DRIVING PRIVILEGES?

For a driver to get his or her license reinstated after a suspension, revocation or denial in a Missouri DUI / DWI case, the driver must provide to the Director of Revenue:

In addition to any reinstatement requirements, any driver whose license has been revoked or denied, shall upon termination of the revocation or denial period, pass the complete driving exam and apply for a new license. RSMo. Section 302.304.7. Note: Drivers under 21 years of age, who have administratively lost their license for 90 days under RSMo. Section 302.525, do not have to file an SR-22 certificate to be reinstated. Further, for minors who have received a suspension, revocation or denial in their Missouri DUI / DWI case under the "Abuse and Lose" provisions, the administrative suspension will be expunged from his or her driving record when he or she turns 21.