A charge of Driving While Intoxicated (DWI) is extremely serious. According to the National Highway Traffic Safety Administration (NHTSA), “Every day, almost 30 people in the United States die in drunk-driving crashes – that’s one person every 50 minutes.” In 2018, it was estimated that the total number of deaths from drunk-driving crashes was over 10,500.  Interestingly, history has often shown more DWI charges in Missouri than in many other states.

DWI in Missouri

In the past, Missouri has been rated among the worst states for drunk-driving fatalities. In recent years, Missouri’s number of deaths due to alcohol has decreased, going from 432 in the year 2000 to 147 in 2018. Still, drinking and driving remain a serious problem on Missouri’s roads.

If you have lost your license due to receiving a DWI in Missouri, there are a few necessary steps to reinstate. According to the Missouri Department of Revenue, two separate sections of Missouri law “govern the arrest and suspension or revocation of driving privilege.”

Uniform Stature Offenses In All 50 States

In fact, all 50 states now apply the same two statutory offenses to operating a motor vehicle while under the influence of alcohol. The first is Criminal Law, which refers to the ticket you received for an alcohol offense known as driving under the influence (DUI), driving while intoxicated (DWI), or operating while intoxicated (OWI). The decision of what classification you receive is based on a police officer’s observations. The second offense, under Administrative Law, is called “illegal per se,” which is driving with a blood alcohol content (BAC) of 0.08% or higher. The penalty changes based on whether the driver refuses to take an alcohol test, has multiple convictions, or is a minor.

As with most things, reinstatement involves a lot of paperwork. There are forms to fill out and file, fees to pay, and records to obtain.

The MO Department of Revenue’s website lists three steps as the criteria you need to reinstate your license:

  1. Pay the $45 reinstatement fee
  2. File and maintain proof of liability insurance (SR-22 form) for two years from the starting date of your suspension or revocation
  3. File proof that you successfully completed a Substance Awareness Traffic Offender Program (SATOP).

If there were extenuating circumstances with your DWI, you might have to provide the following information:

  • File proof of installation of an Ignition Interlock Device (IID) Notes: IID must be maintained for a minimum period of six months from the reinstatement date. You will be monitored during the period. If you have any violations, as determined by the device manufacturer during the monitoring period, your requirement to maintain the device will be extended until you complete a period without violation. Violations are defined in 7 CSR 60-2.010 (refer to “violations reset” language);
  • If a 90-day Restricted Driving% Privilege (RDP) issued, you must obtain certification from the IID installer that no violations occurred during a restricted period or an additional 30-day period of restricted driving must be served; and
  • Following a revocation (loss of driving privilege for one year), retake the complete driver exam.
  • Following a revocation for a longer period of five or ten years, the Department of Revenue may require a Judgment from the Court for your reinstatement.

Read additional information about driver’s license suspension and revocation in Missouri at Brydon, Swearengen & England, Attorneys at Law.  If you have been charged with a DWI in Missouri, we are here to offer counsel.

Contact Us for Counsel

If you have questions or need assistance with any driving offense, driver’s license reinstatement, or any other criminal law matter, contact Scott Hamblin and Erin Wiseman at Brydon, Swearengen & England.

Contact us online or over the phone.