Five-Year & Ten-Year Denials Law

More Information About Five-Year & Ten-Year Denials Law

  • 5 year
    • In Missouri, a five-year denial of a driver’s license is a penalty that can be imposed on a driver for certain offenses, most commonly seen with driving while intoxicated (DWI) violations.
    • Under Missouri law, if a driver is convicted of 2 separate driving while intoxicated (DWI) offenses within 5 years, their driver’s license can be denied for a period of five years. This means that the driver will not be able to legally drive for five years, and they will need to wait until the end of the five-year period before they can apply to have their license fully reinstated.
    • It’s important to note that a denial of a license is different from a suspension or revocation of a license. A denial of a license means that the driver’s license is not valid for a specific period of time, while a suspension or revocation means that the driver’s license is taken away for a period of time and they must take certain steps to have it reinstated.
    • During the 5-year denial period, a person may be eligible to apply for a Limited Driving Privilege (LDP) through the circuit court in the county where they live or work.
    • If your license has been denied for a period of five years in Missouri, you will need to take certain steps to have it reinstated once the period of denial is over. The exact requirements for reinstatement may vary depending on the circumstances of your case, but generally, the following steps will need to be taken:
      • Wait until the period of denial is over: You cannot apply to have your license fully reinstated until the five-year period of denial has ended.
      • Obtain an order of reinstatement: This is done by filing a petition in the Circuit Court of the county where the last alcohol or drug-related driving conviction occurred. The purpose of this petition is to determine whether reinstatement of the driver’s license would constitute a danger to the community.
      • Has not been charged with or convicted of any drug or alcohol-related offenses during the previous 5 years.
      • Complete SATOP: Substance abuse traffic offender program.
      • Install and maintain Ignition Interlock Device (IID): must be maintained for 6 months from the date of reinstatement.
      • Pay any outstanding fines or fees: If you owe any fines or fees related to your case, you will need to pay them before your license can be reinstated, including reinstatement fees.
    • It’s important to note that the process of reinstating your license after a five-year denial can be complex and may require the assistance of a qualified and experienced traffic attorney. A knowledgeable traffic attorney can help you understand your options and work to get your license reinstated as soon as possible.
  • 10 year
    • Missouri law provides for a ten-year denial of a driver’s license for certain offenses, specifically those related to driving while intoxicated (DWI) or driving under the influence (DUI) of drugs or alcohol. Under Missouri law, a person who is convicted of three or more DWI or DUI offenses regardless of the amount of time between offenses may be denied for a period of ten years. During the ten-year denial period, the person is not eligible to receive a driver’s license in Missouri. However, after the ten-year period has elapsed, the person may be eligible to apply for a new driver’s license.
    • During the 10-year denial period, a person may be eligible to apply for a Limited Driving Privilege (LDP) through the circuit court in the county where they live or work after completing the first 5 years of the denial period.
    • Reinstating a driver’s license in Missouri after a ten-year denial typically involves a multi-step process, which is very similar to the 5-year denial requirement:
      • Serve the 10-year denial period.
      • Obtain an order of reinstatement: This is done by filing a petition in the Circuit Court of the county where the last alcohol or drug-related driving conviction occurred. The purpose of this petition is to determine whether reinstatement of the driver’s license would constitute a danger to the community.
      • Has not been charged with or convicted of any drug or alcohol-related offenses during the previous 10 years.
      • Complete SATOP: Substance abuse traffic offender program.
      • Install and maintain Ignition Interlock Device (IID): must be maintained for 6 months from the date of reinstatement.
      • Pay any outstanding fines or fees: If you owe any fines or fees related to your case, you will need to pay them before your license can be reinstated, including reinstatement fees.
    • It’s important to note that the process of reinstating your license after a ten-year denial can be complex and may require the assistance of a qualified and experienced traffic attorney. A knowledgeable attorney can help you understand your options and work to get your license reinstated as soon as possible.

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