Can I get a limited driving privilege for a Missouri DWI after a Five-year denia
After a Missouri DUI, I lost my driver's license for five years on a five year denial. It is really affecting my work where I can barely keep a job. Can I get a limited driving privilege or a hardship license to drive to work?
1 Answer from Attorneys
Missouri DUI / DWI-- limited driving privileges (hardhip license) and five-year
When a driver applies for a hardship license for a five-year denial in a Missouri DUI / DWI case, the hardship may be granted by the Director of Revenue upon application, but they usually will deny it. The driver must then file a petition in Court where a judge may grant application, after a hearing where the driver presents evidence satisfactory to the court.
To have a court grant the driver a hardship license for a five-year denial in a Missouri DUI / DWI case, the driver must show the court that: he or she has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding two years; his or her habits and conduct show that the person no longer poses a threat to the public safety of this state.
If the current Missouri DUI / DWI charge against the driver results in a DWI or BAC conviction, where the driver has two or more DWI or BAC convictions on his or her driving record obtained at any time, the driver will receive 12 points on his or her license and the driver's license will be revoked for one year. RSMo. Section 302.302.1(9). There is also a ten-year denial of the ability for the driver to have his or her license reinstated, so three or more DWI or BAC convictions lifetime effectively results in a ten-year loss of the driver's license. See RSMo. Section 302.060(10).
A driver is eligible for a hardship license in such a Missouri DUI / DWI case after three years, except where by Missouri law they are "otherwise ineligible." The driver is "otherwise ineligible" under the statute if: this current offense is a felony; the driver has two chemical test refusals on his or her driving record; etc. The list is long. See RSMo. Section 302.060(9).
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J. Matthew Guilfoil, Missouri DUI / DWI / BAC Lawyer, Kenney, Shepherd & Guilfoil, L.L.C. Toll Free Number (866) DWI-MATT. EMAIL: [email protected]
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http://www.drunkdrivingdefense.com/missouri-dui-attorney-guilfoil/ (www.drunkdrivingdefense.com Missouri page)
http://www.dui-dwi.com/missouri-dui-attorney-guilfoil/
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