In Missouri, unlike in Kansas, it is sometimes be possible to qualify for a Restricted Driving Privilege, Limited Driving Privilege or a Hardship License if your driving privileges have been suspended or revoked due to an alcohol-related charge. A conviction for Driving While Intoxicated or a BAC carries 8 points for a first violation (which will trigger a minimum 30-day driver’s license suspension) and second or subsequent offenses carry 12 points (which will result in a minimum 1-year driver’s license suspension).

Depending upon the circumstances, if you have been cited for failing a breath test (by blowing over .08%) or for refusal to take a breath test, you may qualify for a Restricted Driving Privilege. For a first-time breath test failure, 60 days of the 90-day suspension can be served on a Restricted Driving Privilege which is available if an SR-22 affidavit is filed with the Missouri Department of Revenue. A Restricted Driving Permit allows a person to drive for work, school and alcohol education or treatment purposes. In breath test refusal cases, a Limited Driving Privilege can also be available after the first 90 days of a 1-year revocation period are served. For more information regarding possible suspensions or revocations, click here.

Can You Qualify For A Hardship License?

NOTE: It is important to note that an individual can only qualify for a Hardship License in the State of Missouri once every five years.

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Any administrative driver’s license suspension can be appealed to the circuit court of the county where a driver is arrested. This appeal is known as a Petition For Review. Depending upon the county of the arrest, some individuals with first offense Driving While Intoxicated (DWI) charges can avoid any administrative license suspension if a Petition For Review is filed by their attorney within 30 days of the date of the arrest.

Penalties

In Missouri, two convictions for Driving While Intoxicated or BAC within a 5-year period of time can result in a 5-year revocation of driving privileges.

Three convictions within a 10-year period can result in a 10-year revocation period. To restore driving privileges, a court order is required.

However, it is possible to apply for a Limited Driving Privilege before either the 5 or 10-year suspension period has been fully served. After the first 2 years of a 5-year revocation or 3 years of a 10-year revocation, your attorney can file a Petition For Review asking a court to grant you a Hardship Driving Privilege. If granted, this requires maintaining SR-22 coverage for the hardship license period, completion of the SATOP class and the installation of an interlock ignition device for a six-month period of time.

At Traffic Law Central of Bukaty Law Offices, P.A., our goal is to help our clients retain their driving privileges. We carefully review our client’s driving records and explore all possible options for Restricted, Limited or Hardship Licenses.

Appealing Suspensions