DWI-related License Denial
If you need help with a 5 or 10 year denial REINSTATEMENT ACTION, then you've come to the right place. We are situated in Jefferson City, which means we are positioned to handle not only reinstatements necessitated by DWI's which occurred in central Missouri, but also out of state. All 5 and 10 year denials resulting from DWI's occurring outside of Missouri must be heard in Cole County where our offices are located. This means we do quite a few of these types of cases.
We handle your reinstatement from start to finish, including:
- A review of your criminal and driving records to ensure you meet the statutory requirements for reinstatement
- Drafting and filing of the legal petition creating your case
- Working to secure an appointment for you to be fingerprinted for the required background check, and coordination to ensure the results are linked to your case
- Appearance with you in court after securing a calendar date and discussing what will be expected of you at the hearing
In the state of Missouri, no person may be issued a driver's license (and any driving privilege must be immediately denied) if that person:
- pleads guilty to or has been convicted of the crime of involuntary manslaughter while operating a motor vehicle in an intoxicated condition; or if the person has been convicted twice within a five-year period of DWI (or any other intoxication-related traffic offenses). This license denial lasts for at least five years from the date of conviction of the last offense.
- has been convicted more than twice for a DWI-related offense. This license denial lasts for at least ten years from the date of conviction of the last offense.
In order to reinstate one's driving privilege after five or ten years have passed, the person must file a petition in the circuit court in the Missouri county in which the last conviction was rendered. In the case of those whose most recent conviction occurred outside the state of Missouri, the petition may only be filed here in Jefferson City, in the circuit court of Cole County, Missouri.
After a hearing. the court will order reinstatement of one's driving privilege if several requirements are met, including the following:
- a fingerprint-based criminal history check must be completed by the petitioner
- petitioner must not have been convicted, pled guilty to, or been found guilty of any offense related to alcohol, controlled substances, or drugs (nor any such charge currently pending).
- petitioner must have no other alcohol-related enforcement contacts as defined in section 302.525 during the preceding five or ten years
- petitioner's habits and conduct show such petitioner no longer poses a threat to the public safety of this state
If the court determines these requirements are satisfied, the court will order the Department of Revenue to issue a license to the petitioner if the petitioner is otherwise qualified.*
* other requirements will include installing an ignition interlock device on one's vehicle. Applicants living outside Missouri must also satisfy any requirements of the state in which they are requesting a license. For Missouri reinstatement requirements, see here.
Caution: if the minimum period of five or ten years since the last DWI-related conviction has passed, a person may still be ineligible for reinstatement if he has any new offense which is related to alcohol or drugs, or if he has any "alcohol-related enforcement contacts," which are things like an alcohol-related suspension or revocation or a refusal to take a alcohol breath test.
Example: A person is convicted of a third DWI in 2012 and is denied a Missouri license until 2022. In 2020, the person pleads guilty to public intoxication. The person cannot be reinstated in 2022. He will not be eligible for reinstatement until 2025.
Limited Driving Privilege (LDP)
In addition, where license reinstatement is not possible, our office can assist with obtaining a limited driving privilege in many circumstances. A limited driving privilege allows a person to drive to and from specific necessary locations, such as work, doctors appointments, church, gas stations, grocery stores, etc.
