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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 privilege . 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 the limited driving privilege.

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.