The Missouri Department of Revenue is the state agency with the power to not only issue a driver’s license, but with the power to suspend or revoke driving privileges. A person’s license can be suspended for varying periods of time, but such periods of suspension generally range from thirty (30) to ninety (90) days. Revocation of a driver’s license is generally for one (1) year, but the Missouri Department of Revenue may refuse to re-issue a driver’s license for much longer periods of time. Suspension and revocation of a driver’s license may occur for a variety of reasons, including, but not limited to the following:
- Conviction or guilty plea of the offense of driving while intoxicated (DWI/DUI);
- Conviction or guilty plea for felony offenses involving motor vehicles;
- Accumulating points for criminal driving offenses; and
- Administrative order following a probable cause hearing by the Missouri Department of Revenue;
Loss of Driving Privileges for Driving While Intoxicated (DWI/DUI)
Driving privileges may be suspended or revoked for accumulation of points following a plea of guilty or conviction for the criminal offense of driving while intoxicated (DWI/DUI). Additionally, driving privileges may also be suspended or revoked by the Missouri Department of Revenue. Our criminal lawyers and criminal attorneys at Brydon, Swearengen & England P.C. in Jefferson City are intimately familiar with criminal laws and regulations to provide you professional and thorough legal representation. Our criminal lawyers and criminal attorneys have elected to share some of their knowledge regarding loss of driving privileges.
A person dealing with a first criminal offense for driving while intoxicated (DWI/DUI) may be subject to a loss of driving privileges for ninety (90) days. During the first thirty (30) days of such a suspension, a person will have no driving privileges. In order to obtain a restricted driver license, a person must obtain proof of insurance. Upon submission of proof of insurance, a person is eligible for a restricted driving privilege. In order to obtain full reinstatement of driving privileges, a person must complete a Substance Abuse Treatment Program (“SATOP”) and pay a license reinstatement fee.
However, a person who refuses to submit to a chemical blood alcohol test is subject to loss of his or her driving privileges for one (1) year even if arrested for a first offense of driving while intoxicated (DWI/DUI) or excessive blood alcohol content. A person may be eligible to receive a limited driving privilege after serving ninety (90) days of such revocation. However, a person who has refused to submit to a chemical blood alcohol test on more than one occasion may be ineligible for a limited driving privilege.
A person dealing with a second criminal offense for driving while intoxicated (DWI/DUI) may be subject to loss of driving privileges from one (1) to five (5) years depending on the length of time between the first driving while intoxicated (DWI/DUI) offense and the second offense. A person who has plead guilty or been convicted of a second alcohol related criminal offense such as driving while intoxicated (DWI/DUI) or excessive blood alcohol content within five (5) years of the first offense is subject to a loss of driving privileges for five (5) years. A person may be eligible to receive a limited driving privilege during this time.
A person facing a third criminal offense for driving while intoxicated (DWI/DUI) may be subject to a loss of driving privileges from one (1) to ten (10) years depending on the length of time between the prior driving while intoxicated (DWI/DUI) offenses and the third offense. A person subject to a ten (10) year denial of driving privileges may be eligible for a limited driving privilege after serving three (3) of the period of denial.
Accumulating Points for Criminal Driving Offenses
The Missouri Department of Revenue assesses points to criminal driving offenses following a guilty plea or conviction. Accumulation of points following criminal driving offenses may result in a driver’s license suspension or revocation of driving privileges. A suspension of driving privileges may be as little as thirty (30) days up to a one (1) year revocation for driving privileges. From our offices in Jefferson City, our criminal lawyers and criminal attorneys at Brydon, Swearengen & England, P.C. have represented hundreds of clients for driving related offenses in successfully avoiding the assessment of points. An inherent danger in simply paying a ticket is that points tend to accumulate so that person may eventually face mandatory jail time for driving on suspended or revoked driver’s license.
While a person might be eligible for a limited driving privilege or driver’s license reinstatement in certain circumstances, a person’s driver record may render the person ineligible.
Driver’s License Reinstatement
If you have questions or need assistance with any driving offense, driver’s license reinstatement, or any other criminal law matter, contact Scott Hamblin at Brydon, Swearengen & England, P.C. in Jefferson City. Our experienced criminal lawyers will take the time to fully explain how the criminal “system” works, including how to file for driver’s license reinstatement, details of the criminal laws relevant to your case, and a realistic idea of what you should expect in your criminal or driving case. At Brydon, Swearengen & England, P.C. in Jefferson City, you can expect a courteous and knowledgeable staff, prompt return of calls, access to experienced criminal attorneys.
Our criminal lawyers at Brydon, Swearengen & England P.C. have a reputation for excellence, thorough preparation and innovation. Our criminal lawyers have diverse experience and complimentary talents to provide you attentive, efficient service. From our office in Jefferson City, our criminal attorneys handle criminal law matters for clients throughout Missouri, including, but not limited to, the following areas: Jefferson City, Columbia, Eldon, Linn, Fulton, Osage Beach, Lake Ozark, Camdenton, Versailles, Boonville, Mexico, Sedalia, Hermann, Tuscumbia, Vienna, Montgomery City, Waynesville, as well as the counties of Audrain, Boone, Callaway, Camden, Cole, Cooper, Gasconade, Maries, Miller, Morgan, Moniteau, Montgomery, Osage, Phelps, Pulaski, and others.
Contact Scott Hamblin for more information about Missouri driver’s license reinstatement.
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