Missouri Driver’s License Reinstatement and Five or Ten Year Denials
Information provided on this page is for educational use only. Accessing this page does not give rise to an attorney-client relationship, and the information provided should not be regarded as legal advice. Laws of the State of Missouri are subject to change, and there is no warranty, express or implied, that the information included on this page is still accurate at the time of access. Please consult a licensed Attorney to discuss the specifics of any legal matter. Attorneys at Cline, Braddock & Basinger can be reached at (573) 443-6244
Driving is a daily part of life for most Americans. A license suspension or revocation may, therefore, cause substantial hardship by preventing driving to work, school, medical appoints, banking, or groceries. This article will discuss the causes of such license suspensions, what is required to have a license reinstated, and how to request a limited or restricted driving privilege in the meantime.
Causes of Suspensions or Revocations
In order to determine how to have a license reinstated, it is first necessary to determine the cause of the suspension or revocation. Depending on the reason for the suspension or revocation, the steps necessary for reinstatement may be different.
The most common driver’s license suspension or revocation is due to accumulation of points on a person’s license. Generally, any traffic conviction will result in points being added to a persons license. The specific number of points assessed can generally be found on Department of Revenue Form 899 which can be viewed here.
Accumulation of points may result in a suspension or revocation as follows:
|Number of Points||Number of Months||Consequence|
|Four (4)||Within Twelve (12) Months||Written warning/notice|
|Eight (8)||Within Eighteen (18) Months||30, 60, or 90 day suspension|
|Twelve (12)||Within Twelve (12) Months||Revocation (1 year)|
|Eighteen (18)||Within Twenty-Four (24) Months||Revocation (1 year)|
|Twenty-Four (24)||Within Thirty-Six (36) Months||Revocation (1 year)|
The length of a suspension for a eight (8) points suspension will depend on whether it is the first, second, or third such suspension. The first suspension will be a thirty (30) days suspension. A second suspension will be a sixty (60) day suspension. A third suspension will be a ninety (90) day suspension.
Accumulated points are also reduced over time for periods with no traffic violations. If no traffic violations occur for one (1) year a persons point total is reduced by 1/3. If no violations occur for a second year in a row the remaining points are reduced by 1/2. If no violations occur for a third year in a row all remaining points are removed.
A DWI of any type will result in a license suspension or revocation. The length of the suspension, eligibility for a limited or restricted privilege, and requirements for reinstatement will depend on how many prior DWI convictions a person has received. The following chart contains the lengths of suspension:
|First DWI||90 days|
|Second DWI (more then 5 yrs after 1st)||1 year|
|Second DWI (less than 5 yrs after 1st)||5 years|
|Third DWI||10 years|
Minor In Possession/Abuse and Lose
Possession of alcohol or controlled substances by minors may also result in a license suspension. A person under twenty years of age may be suspended for any of the following:
- Driving with a B.A.C. of .02% or more by weight. (the legal limit for twenty-one or older is .08%); or
- Possession of alcohol while operating a motor vehicle; or
- Possession of alcohol in violation of State Law or second ordinance offense (even if not operating a vehicle); or
- Possession of a controlled substance (even if not operating a vehicle); or
- Possession of a false or modified identification
The length of suspension for offenses listed under numbers 1, 2, 4, and 5 of the above section is 90 days for a first offense and one (1) year for a second offense. The length of suspension for offense 3 of the above section is 30 days for a first offense, 90 days or one (1) year for a second offense, and one (1) year for a third offense.
Restricted or Limited Driving Privileges
A limited/restricted driving privilege (hardship license) allows a person to drive under certain pre-approved conditions before the expiration of the suspension or revocation period. The circumstances may include driving to/from work, school, medical appointments, banking, and groceries. When requesting a limited driving privilege all requested circumstances and locations should be stated in the request.
If your license is suspended or revoked due to points on your license. You are immediately eligible for a limited driving privilege. In order to receive such limited privilege you must purchase SR22 insurance and complete and file Department of Revenue Form 4959 with the Department. Upon approval, a limited driving privilege will be mailed to you. Please note, however, that the limited driving privilege is only effective during the period of suspension/revocation. You cannot drive indefinitely on a limited privilege. Please also be aware that a limited privilege can only be requested once every three (3) years. Therefore, if you receive multiple suspensions within a three (3) year period you may be ineligible for a limited privilege.
During a 90 days first DWI suspension there are two (2) options for a restricted license.
The first option is to serve the first thirty (30) days of the suspension without driving. Thereafter, the only requirement is to purchase SR22 insurance. Once thirty days have passed and SR22 insurance has been purchased, the Department of Revenue will automatically mail a restricted driving privilege. Please note, that such restricted driving privilege is only valid during the remaining 60 days of the 90 day suspension. It cannot be used indefinitely.
The second option allows for an immediate restricted driving privilege without waiting thirty (30) days. Under this option a person must purchase SR22 insurance, have ignition interlock installed on his or her vehicle, and submit a request to the Department of Revenue to have the privilege granted immediately. Ignition interlock must be maintained during the entire period of the restricted privilege. Please note, that such restricted driving privilege is only valid during the 90 day suspension. It cannot be used indefinitely.
If a second DWI occurs more than five (5) years after a first DWI conviction, then the length of suspension is for one (1) year. If, however, the second DWI occurs within five (5) years of the first DWI, then the length of suspension is five (5) years.
During a one (1) year DWI related suspension/revocation a person is eligible for a limited driving privilege during the suspension/revocation period. In order to receive such limited privilege, a person must purchase SR22 insurance, have ignition interlock installed on his or her vehicle, and submit a request to the Department of Revenue to have the privilege granted. Ignition interlock must be maintained during the entire period of the restricted privilege. Please note, that such restricted driving privilege is only valid during the length of the suspension/revocation. It cannot be used indefinitely.
During a five (5) year DWI related suspension, a persons eligibility for a limited privilege is dependent on whether he or she has a felony conviction for DWI. If the person has a felony conviction, then no limited privilege may be granted. If, however, all of the DWI convictions are misdemeanors, then a person may apply to the Circuit Court where the most recent conviction was entered to request a limited driving privilege. This is different from other requests for a limited driving privilege, in that, it requires a formal court petition and order of a Judge. There is no specific waiting period prior to eligibility for filing such petition, but generally Judge like to see some period of law abidance before issuing such order. In order to receive such court ordered limited privilege, it is also necessary to purchase SR22 insurance and to maintain ignition interlock during the entire period of the limited privilege.
A third DWI will result in a ten (10) year suspension regardless of the proximity of its occurrence to prior DWIs. As with a five (5) year suspension, discussed above, eligibility is dependent on whether the DWI convictions include a felony. If so, then no limited privilege may be requested until after five (5) years from the date of the felony conviction. Under either circumstance, a person must apply to the Circuit Court where the most recent conviction was entered to request a limited driving privilege. This is different from other requests for a limited driving privilege, in that, it requires a formal court petition and order of a Judge. In order to receive such court ordered limited privilege, it is also necessary to purchase SR22 insurance and to maintain ignition interlock during the entire period of the limited privilege.
Abuse and Lose
If your license is suspended for an Abuse and Lose violation. You are immediately eligible for a limited driving privilege. In order to receive such limited privilege you must purchase SR22 insurance and complete and file Department of Revenue Form 4959 with the Department. Upon approval, a limited driving privilege will be mailed to you. Please note, however, that the limited driving privilege is only effective during the period of suspension/revocation. You cannot drive indefinitely on a limited privilege. Please also be aware that a limited privilege can only be requested once every three (3) years. Therefore, if you receive multiple suspensions within a three (3) year period you may be ineligible for a limited privilege.
If your license is suspended due to accumulation of points you will need to carry SR22 insurance for two (2) years from the date of suspension. You also will need to pay a reinstatement fee at the DMV. If your license has been suspended for greater than six (60 months it may also be necessary to retake the driver examination. Generally, an attorney is not necessary for a points reinstatement.
In order to be reinstated for a first DWI a person must carry SR22 insurance for two (2) years from the date of suspension. He or she must also complete SATOP. Finally, a reinstatement fee must be paid at the DMV. If it has been greater than six (6) months since the date of suspension it may also be necessary to retake the driver examination. Ignition interlock is not required for reinstatement following a first DWI.
As with eligibility for a restricted/limited privilege, the requirements for reinstatement following a second DWI are dependent on whether the DWIs occurred within five (5) years of each other. If the DWIs occurred greater than five (5) years apart, then the requirements for reinstatement are the same as on a first DWI, except that there is an additional requirement to maintain ignition interlock for six (6) months from the date of reinstatement.
If the DWIs occurred within five (5) years of each other and resulted in a five (5) year license suspension, it is necessary to petition the court in which the most recent conviction occurred in order to request reinstatement. At hearing a Judge will determine whether reinstatement of the license would constitute a danger to the community. In addition to court approval, a person must also maintain ignition interlock for six (6) months from the date of reinstatement, complete SATOP, and pay a reinstatement fee at the DMV. There is no requirement for SR22 insurance.
The requirements for reinstatement from a third DWI which resulted in a ten (10) year suspension are the same as the requirements for reinstatement from a second DWI which carried a five (5) year suspension. It is necessary to petition the court in which the most recent conviction occurred in order to request reinstatement. At hearing a Judge will determine whether reinstatement of the license would constitute a danger to the community. In addition to court approval, a person must also maintain ignition interlock for six (6) months from the date of reinstatement, complete SATOP, and pay a reinstatement fee at the DMV. There is no requirement for SR22 insurance.
Abuse and Lose
In order to be reinstated from an Abuse and Lose violation, a person must carry SR22 insurance for two (2) years from the date of suspension. He or she must also complete SATOP. Finally, a reinstatement fee must be paid at the DMV. If it has been greater than six (6) months since the date of suspension it may also be necessary to retake the driver examination. Ignition interlock is not required for reinstatement following such reinstatement.
We are sometimes asked what SR22 insurance is. SR22 insurance is a special insurance product whereby the insurer files reports with the Missouri Department of Revenue providing proof that the insurance is in place. It can be purchased through most automobile insurance companies. From a driver’s perspective the only difference will generally be an increased cost for the policy.
SATOP is the Substance Abuse Traffic Offender Program. This is an alcohol education program required for reinstatement following certain alcohol related traffic offenses. Generally, a person will need to schedule an intake interview with a certified SATOP provider. Following the interview the person will be assigned to a treatment class which must be completed. The classes can range from a singe day class up to outpatient substance abuse treatment. If a person resides out-of-state there are special additional requirements that must be followed in order for out-of-state SATOP to qualify for Missouri. Please speak with an attorney prior to completing out-of-state SATOP.
We assist clients with traffic and alcohol related matters on a daily basis. We have written additional articles in the past which provide additional information about some of the topics covered in this article. To find out more please follow the links below:
Missouri Administrative Alcohol License Suspension Hearings
Moving Violations, Speeding and Missouri License Consequences
I am trying to get my Missouri driver’s licence back after a 10 year denial
Hi Danny, we’d be happy to discuss your license with you. Please call our office and we can help determine whether you would be eligible and what steps would be required to seek reinstatement based on your specific circumstances.
Hello, I’m in year 4 of a 10 year suspension, is out possible to get reinstated early?
Unfortunately, it is not possible to receive full reinstatement early. You may be eligible for a limited driving privilege while the 10 year denial is in place. The caveat to the limited driving privilege, however, is that if you have any felony involving operation of a motor vehicle then you would not be eligible unless you completed a DWI Court as part of your sentence.
I was charged with a dwi 16 months ago,they have just now revoked my license,without a conviction.
Unfortunately it is possible to receive a license suspension administratively by the Department of Revenue even though there is not a criminal conviction. Our article at https://columbiamissourilawyer.com/2019/03/28/missouri-administrative-dwi-license-suspensions/ discusses the administrative suspension process. I would need to know more about the facts of your situation to know whether a suspension is valid and/or if there is any recourse. The best way to discuss something like that is by calling our office at 573.443.6244.
Can Missouri give you a lifetime denial for having too many DWI’s? DMV said he has a lifetime denial. It’s been almost 10 years, is there a chance to get his license back?
It depends. Many people are eligible for reinstatement after either 5 or 10 years, depending on the number of alcohol related convictions and whether there are any intervening drug or alcohol related charges. That said, if you have been previously reinstated following a 5 or 10 year denial you may not be eligible for a second reinstatement. If you would like to discuss your specific situation, please give me a call so that I can get the details.
Out of state resident and was notified by my DMV that I have a suspended license in MO. Due to a BAC ticket 25+ years ago. I had an IL license at time and thought this had been resolved at time of offense. Do I really need to get license reinstated in MO and if so how can I get.this resolved?
Unfortunately, under the interstate Driver’s License Compact if your license is suspended in one state it is usually considered suspended in all states (or at least not eligible for renewal). If this was a first b.a.c. offense it may just be a reinstatement charge that needs repaid or completion of SATOP. I suggest you start by contacting the Missouri Department of Revenue and they can tell you why there is a suspension. If it is something you are unable to remedy yourself, you can give me a call and we can discuss how to further proceed.
I received a DWI 26 years ago in the state of Michigan. I’ve had my license back for 10 years 3 in Montana,7 now here in Missouri where I now live and own a farm. When I went to renew my license Missouri DMV said Mi.revoked me.Can I get a device put in my vehicle so I can drive.thank you Tim.
Unfortunately, under the interstate Driver’s License Compact if your license is suspended in one state it is usually considered suspended in all states (or at least not eligible for renewal). Sometimes, the Department of Revenue doesn’t find out about the out of state issue for many years, however. I have seen more and more issues such as this recently. Your best bet is probably to start off by contacting Michigan’s driver license office to determine why your license is suspended there. If it is not something you can handle yourself, you may need a Michigan attorney to deal with the suspension. Usually, if you get the Michigan suspension taken care of it will resolve your issue with getting your Missouri license renewed. If for some reason you cannot resolve the Michigan issue, you might be eligible for a Missouri limited driving privilege, but it would depend on the nature of the Michigan suspension/revocation.
My wife got into an accident without insurance. We literally purchased it that morning and it took one day to go into effect. Well MO required her to get sr22 insurance and we changed insurance. We had the new company file the sr22 supposedly but her licence is suspended now since the month MO let us know. She found out when she got a ticket. If there was no lapse in insurance and it is either the new company or MO that messed up, what are our options. She has to have a licence. We travel interstate commerce for our horse business, not transport but to go to competitions, and this is absolutely necessary.
Thanks for reaching out. That sounds like a fact specific issue. If you would like to discuss the details and what options may be available, please give us a call at 573.443.6244. Thanks
Do I need to maintain an IID the entire period of limited driving privilege, or just for the mandatory 6 month minimum?
On a limited privilege during a five or ten year denial it is for the entire length of the limited privilege. Upon full reinstatement from a five or ten year denial it must also be maintained for an additional six months from the reinstatement date
i got a possesion charge for a gram of weed does that start my 10 year suspension over.
Convictions for possession of a controlled substance restart the 10 year denial. However, the passage of amendment 3 may change that concerning marijuana, as many marijuana charges are no longer applicable following legalization and many past convictions are subject to expungement. I would need to know more details concerning your specific matter to know whether it would restart the 10 years in your case. If you would like to discuss your matter, please contact our office at 573.443.6244.
I have a 5 year suspension. For a 2nd dwi in less than five years. If I wait until my suspension is over, what do I need to do to be reinstated at that point. Do I still have to have the interlock and Sr 22
For a five year denial you would need to file a Petition with the circuit court for the county of the last conviction to be reinstated. You also would need ignition interlock for six months upon reinstatement. You would not need SR22. If you would like assistance, please call our office and we can discuss the specifics of your situation.
I no longer live in Missouri and have a revoked license. I can’t take satop. How do I get my license back?
Unfortunately, you still have to complete SATOP, but you can complete it in another state. Directions for out of state SATOP completion and a list of providers by state is available at: https://dmh.mo.gov/media/pdf/satop-completion-requirements-instructions-out-state-residents
I had one dwi in 2014. The very next day I was compelled to admit myself into outpatient treatment for alcoholism. Anyway, my question is this;
I have chosen to not have my drivers license reinstated until now. But I really DO not want to pay for an sr22 considering its been nearly ten years since I had an active driver’s license. Is it necessary to carry an sr22 or provide the paperwork for my satop that was completed 8yrs ago? Because I am not sure if I have the paperwork for it anymore mainly.
The SR22 requirement is for two (2) years from the date of suspension/revocation . If it has been more than two (2) years you shouldn’t need SR22 to be reinstated. If you already completed SATOP, DOR may have a record of it. You can call them to find out at 573-526-2407
I received my 3rd dwi, I am doing DWI court, with SROP level satop. “WHEN” i complete the program the felony will be dropped to a misdemeanor.
I just got a letter from dor stating that I will be able to get my License back 2032. for 3 dwis.
But then got another letter same day saying I will be eligible for reinstatement feb 2024 as long as I , pay the fee, have sr-22, have completed SATOP and have a ILD .
Does that mean I will have to keep the IIL device the entire 10 years?
and will be re-instated on HARDSHIP license?
I don’t understand why there is no clear information.
Generally, 3 DWI convictions results in a 10 year license denial. You would potentially be eligible for a limited driving privilege during that time, but it would require filing a petition in the court of the most recent conviction and maintaining ignition interlock and SR22 insurance during the limited driving privilege. If you would like assistance with a petition for limited driving privilege, please contact our office at 573.443.6244.
I had a second DUI about 13 years ago. I would like to get my license reinstated but I am not sure what paperwork to file now that it’s been so long. I didn’t have the money to complete everything but now I should be able to. Is there a way to look up my information to see what I need to get done?
You can contact the Department of Revenue License Bureau at 573-526-2407. They can confirm your reinstatement requirements and eligibility. Depending on how close in time the two DWIs were to each other it may require a Petition for Reinstatement to be filed with the court of the last conviction. If you need to file a petition and need assistance, please feel free to contact our office at 573.443.6244.