Missouri Suspended License Tips and Legal Advice

You can lose your driver’s license for various reasons in Missouri. Some driver’s license suspensions are due to convictions for DWI or other offenses. You could face license suspension because of a DWI arrest, or for refusing to take a breathalyzer test. 

The state can suspend a person’s driver’s license for reasons that have nothing to do with DWI. Regardless of the reason, losing your license can have a major impact on your life, such as by making it difficult to hold down a job. Getting your license back can be as much of a priority as fighting DWI or other charges. 

Even if it is not possible to get a driver’s license suspension reversed, it may be possible to get a Limited Driving Privilege, which allows you to drive at certain times for specific purposes. Read on for more suspended license tips from Sloan Law.

Why Do Driver’s Licenses Get Suspended in Missouri?

The state can suspend or revoke a driver’s license for a wide range of reasons. Some suspensions occur after convictions for DWI or other offenses. They are part of the penalties for the conviction.

Other license suspensions are administrative in nature, based on determinations by the Missouri Department of Revenue (DOR). Since these are not criminal proceedings, an administrative suspension may stand even if you are acquitted of the alleged offense that led to the suspension.

DWI Arrest

The DOR may suspend your license if it finds that you have been arrested for driving while impaired by alcohol or drugs, or with blood alcohol content (BAC) at or above 0.08 percent. The DOR must find that probable cause existed to believe that you committed DWI. Unlike in criminal cases, it does not have to prove guilt beyond a reasonable doubt.

Other Traffic Offenses After Consuming Alcohol

The DOR may also suspend your driver’s license if it finds probable cause to believe that:

• You violated a traffic law; and
• You have BAC of 0.02 percent or more at the time.

Breath Test Refusal

If you refuse to submit to breath testing when requested by a police officer who suspects DWI, the DOR may suspend your driver’s license.

DWI Conviction

A first conviction for DWI results in a 90-day driver’s license suspension. The DOR will assess 8 points on your license.

A second or subsequent DWI conviction adds 12 points to your license, regardless of how long it has been since any previous convictions. The length of the driver’s license suspension depends on the number of prior convictions and the amount of time that has passed since your last conviction:

• A second conviction generally results in a 1-year suspension.
• If your second conviction occurs less than 5 years after your first conviction, you could receive a 5-year license suspension.
• A third or subsequent conviction results in a 10-year suspension.

Other Reasons

Other reasons you could be subject to a driver’s license suspension include:

• You accumulate too many points on your license in too short a time;
• You cause a traffic accident and you do not have car insurance;
• You fail to appear in court when ordered to do so; and
• You fail to pay court-ordered child support.

Can I Get My License Reinstated?

The DOR provides information on what you need to do to reinstate your driver’s license based on the reason or reasons for the suspension. You typically need to file an SR-22 form showing that you have auto insurance. If the suspension is based on a refusal to submit to breath testing or other DWI-related reasons, you may need to complete a Substance Awareness Traffic Offender Program (SATOP) and file proof that you did so. You must pay a reinstatement fee to the DOR.

You may be able to reduce the length of an administrative license suspension. Your attorney can negotiate with the state’s child support enforcement agency or the DOR if the suspension is based on failure to make required payments.

You can challenge a license suspension by requesting a hearing before an administrative law judge (ALJ). This can be your best option if you dispute issues like whether probable cause existed to believe you committed DWI or another traffic offense.

If the ALJ rules against you, you can appeal the decision to a higher court. The process can take a long time, though, and judges often defer to ALJ decisions. This means they are reluctant to overturn ALJ decisions.

Can I Get a Temporary License?

Some license suspensions come with a temporary driving permit, but these tend to have short durations. For example, if you refuse to submit to breath testing, the police officer will issue you a 15-day temporary permit while the DOR processes the suspension paperwork.

You may be able to get a “hardship license” for the DOR. This is a limited driver’s license that allows you to drive for specific reasons, such as:

• Traveling to and from work, school, community service, doctor appointments, and substance abuse courses; and
• Transporting your children or dependents to and from school or medical appointments.

What Happens if I Drive While My License Is Suspended?

Driving with a suspended license is a misdemeanor offense under Missouri law. If you have two or more prior convictions for driving without a license, it is a felony.

Speak With an Experienced Driver’s License Attorney to Learn More

A suspended driver’s license can create serious difficulty in someone’s life. Kansas City and its surrounding areas make it difficult to get around without a vehicle. You need a skilled and experienced legal advocate who can help you get your driver’s license reinstated. Sloan Law Office provides compassionate legal representation for people facing driver’s license suspension and other legal issues in the Kansas City area. We will stand with you to fight the state’s allegations. Contact us today to schedule a confidential and free consultation to see what we can do to help you.