How to Regain Your Missouri Driving Privileges After a 5- or 10-Year Denial
If you are convicted of multiple DWI convictions in Missouri, you will face a 5- or 10-year denial of your driver’s license. The denial period is based on the number of convictions you have received.
For example, if you receive two convictions within a five-year period, it will result in a five-year denial of your license. Three convictions during your lifetime will result in a 10-year denial. It is essential to understand that attempting to restore or regain a license is not a simple process.
Petitioning the Court
The first step in the process of regaining your license is to petition the circuit court in the county where your last conviction took place. It is necessary to complete a total fingerprint and background check. You must also avoid any drug or alcohol-related convictions in the prior 10-year period.
Once you have petitioned the court, a hearing date will be set, and you and your attorney must appear and present evidence that you are no longer a threat to society. Usually, this evidence is provided by testimony from the driver regarding their progress with sobriety in the prior years and the efforts they have made to avoid drugs and alcohol moving forward.
Some of the other evidence that you may present during this hearing includes:
- Your current employment situation
- Family support (if any)
- Alcohol counseling
The goal is to present proof you have “changed your ways” and that you no longer abuse alcohol or drugs.
SR-22 Insurance Requirements
Along with providing evidence that you have changed, you must also provide proof of SR-22 insurance. SR-22 is not an actual auto insurance policy – instead, it is an official document to prove that you have purchased the minimum liability requirements in Missouri. You may also find this form is called a certificate of financial responsibility.
You must have this coverage in place before your license is reinstated. You must maintain this for a minimum of two years.
Ignition Interlock Requirements
Another requirement of reinstatement after a 5- or 10-year denial is to install an interlock device for a minimum of six months. The placement of the interlock device is an effective way to protect you (the driver) along with the public. It is an essential component of reinstatement and something that should not be fought against for those who have dealt with issues related to drinking or using drugs and driving.
How Long Does the Process Take to Restore Your Driving privileges?
The process for reinstating your license in this situation can range from six to eight weeks or more after you have filed the Petition to Restore Driving Privileges. It is best to work with an attorney who has experience with these situations to ensure you know your rights, the expectations, and to have the best chance of having your driving privileges fully restored.
Limited Driving Privilege (LDP)
If your Missouri driving privilege is suspended, revoked, or denied as a result of an active 5-or 10- year Denial, and is not currently eligible for reinstatement-but you need to drive for employment or other important matters-you may be eligible for a Limited Driving Privilege (LDP). Some people refer to this as a “hardship license”.
To obtain an LDP you must petition the circuit court for an LDP, and if granted, will allow you to drive a motor vehicle in certain pre-approved situations. However, if you have specific types of convictions or administrative actions on your driver record, you may not be eligible to receive an LDP.
If you would like to learn more about Limited Driving Privileges (LDP) see our blog titled Protect Your Missouri Driving Privileges.
Contact us to Restore Your Driving Privileges
If you need an experienced attorney to help you have the best chance of having your driving privileges fully restored, contact Kitchin Law Firm today.