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Reinstatement of Driving Privilege
after five or ten year denial

DWI-related License Denial

DWI Expungement

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 requirments 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 2006 and is denied a Missouri license until 2016. In 2009, the person pleads guilty to public intoxication. The person cannot be reinstated in 2016. He will not be eligible for reinstatement until 2019.