TIPS FOR DRIVERS IN A MISSOURI DUI / DWI CASE REGARDING
MISSOURI ADMINISTRATIVE POINTS DRIVERS' LICENSE SUSPENSIONS COMPARED
TO ADMINISTRATIVE DRIVERS' LICENSE REVOCATIONS AND DENIALS
When comparing driver's license point suspensions
in a Missouri DUI / DWI case to driver's license revocations or
denials, it is important to note that a driver may have their Missouri
driving privilege simultaneously suspended for points while at the
same time also having a license revocation for separate and different
reasons.
MISSOURI DRIVER'S LICENSE SUSPENSION
FROM THE ACCUMULATION OF POINTS
Points against the driver's Missouri driving privilege
only count when processed by the Director of Revenue, i.e., a driver's
license suspension or revocation resulting from excess point accumulation
will begin only after the Director of Revenue has received and processed
the conviction.
If the driver's conviction in a Missouri DUI / DWI
case is delayed in being submitted to the Director of Revenue, the
driver is given credit for time for any safe driving reduction prior
to calculation of the total point accumulation. See Jennings v.
Director of Revenue, 986 S.W.2d 513 (Mo.App. 1999).
LICENSE DENIAL ACTIONS ARE SEPARATE
FROM ACCUMULATION OF POINTS SUSPENSIONS OR REVOCATIONS
Missouri driver's license denials actions are separate
from accumulation of points actions and only denial actions suspensions
or revocations will begin running from the date of the driver's
conviction in a Missouri DUI / DWI case.
If the driver gets two
Missouri DUI / DWI convictions (BAC convictions do not count)) within
five years of each other, the person will be denied a license for
five years from the date of the second conviction.
If the driver
gets three or more DUI / DWIs OR BAC convictions, the person will
be denied a license for ten years from the date of the last conviction.
The only DWI / DUI convictions which count in this context are those
convictions that are either state DWI convictions; state BAC convictions
after July 1, 1992; or municipal DWI / BAC convictions with the
judge/lawyer and counsel representation requirements that occurred
after July 1, 1992.
Unlike license suspensions or revocations for the
accumulation of points, driver's license denial actions do run from
the date of conviction for a 5 or 10 year period regardless of the
exact time when they are received by the Department of Revenue.
RSMo. Section 302.060.
Usually a license suspension or revocation
for the accumulation of points will almost always occur in conjunction
with a license denial action.
THERE ARE NO CREDITS OF TIME FROM DENIAL ACTIONS
IN A MISSOURI DUI / DWI CASE TRANSFERRED TO ANY SEPARATE ADMINISTATIVE
LICENSE SUSPENSION / LICENSE REVOCATION FOR REFUSAL OF A CHEMICAL
TEST / OR OTHER SUSPENSION
The time periods imposed following a Missouri DUI
/ DWI conviction that result in a 5 or 10 year denial action are
in RSMo. Section 302.060, and are mandated to run from the date
of conviction.
The time periods imposed for an administrative license
suspension action usually run from 15 days after the arrest date
unless administrative/court review is requested.
There is no credit
of time from a denial period under RSMo. Section 302.060(9) or (10)
to an administrative alcohol action under RSMo. Section 302.525,
or a chemical refusal action under RSMo. Section 577.041.
A SECOND DUI / DWI CONVICTION
OR BAC CONVICTION IN MISSOURI IS ALWAYS ASSESSED 12 POINTS
Example: a driver who was convicted of DWI or BAC
in the 1960s and does not receive another DWI or BAC conviction
until 2004, will be assessed 12 points and a one-year revocation
for this second DWI offense in 2004.
RSMo. Section 302.032 states
that for the second or subsequent alcohol conviction, 12 points
must be assessed upon receipt of the conviction.
There is no time
limit for the second conviction. Ragland v. McNeil, 747 S.W.2d 701
(Mo.App. 1998).
10-YEAR LICENSE REINSTATEMENT
PETITIONS ARE NOT ALWAYS FILED IN THE COUNTY WHERE THE DRIVER 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.
ONCE A DRIVER'S LICENSE IN MISSOURI
IS REVOKED, IT IS ALWAYS REVOKED UNTIL THE DRIVER GETS REINSTATED
If a driver is currently under a driver's license
point revocation and receives another conviction during the time
period of the first revocation for which points were assessed, he
or she will receive another point revocation separate from the one
he or she is already serving.
Example: if a driver who is currently
revoked for one year becomes revoked for an accumulation of 12 points
in 12 months, receives a state court speeding conviction 6 months
into his or her initial revocation, he or she will be revoked for
another year once the speeding conviction is received and 3 additional
points are assessed.
This is because total points are only reduced
at the time of reinstatement, pursuant to RSMo. Section 302.304.6,
and the 3 points will add to the 12 active points already on the
driver's record.
The point total simply continues to accumulate until
reinstatement. RSMo. Section 302.302 mandates that a driver who
receives 12 points in 12 months be revoked for one year; therefore,
a second revocation is generated by the convictions. See Creech
v. Director of Revenue, 886 S.W.2d 111 (Mo.App. 1994).
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