Archive for the ‘Missouri DWI FAQs’ Category

How Long Does It Take For Missouri To Reduce Points On My License?

Friday, December 17th, 2010

Missouri Drivers’ License Point Reduction

When your driving privilege is reinstated, the Department of Revenue reduces your total points to 4.  Every year you drive without getting new points on your record, the points will be reduced:

  • 1 year – total remaining points reduced by one-third
  • 2 years – remaining points reduced by one-half
  • 3 years – points reduced to zero

Though your points may be reduced to zero, certain types of convictions may remain listed permanently on your Missouri driver record.

How Long Do I Have After a Missouri DWI Arrest To Ask For a Hardship License?

Thursday, December 16th, 2010

Missouri DWI Administrative Hearing Process

The driver has 15 days from the date their Notice of Suspension/Revocation is issued to request an administrative hearing. If requested, a hearing is scheduled by the Department of Revenue in the county of arrest or may be held by telephone. In most cases, the administrative records are sufficient to serve as the arresting officer’s testimony during the administrative hearing. In some instances, however, the arresting officer may be subpoenaed to appear.

For a free consultation to discuss filing for a administrative hearing or a Missouri hardship license, call our Missouri DWI attorneys at 1-888-4-DUI-CLINIC today.

Missouri DWI License Suspension/Revocation

If the action is upheld, the driver license is suspended or revoked based on the prior five-year driver record. If convicted or suspended during the past five years for an alcohol-related law enforcement contact, the person is revoked for one year, and if not, a 30-day suspension is imposed. The 30-day suspension is followed by a 60-day restricted driving privilege. The effective date of the suspension or revocation is 15 days after the final order of the hearing officer is mailed from the Department of Revenue.

If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final.

If the suspension/revocation is upheld at the administrative hearing, the individual can petition the circuit court for further review. The suspension or revocation is still imposed even though a circuit court review is pending. If the court upholds the arrest, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the suspension or revocation is canceled and the license is returned, if applicable.

For a free consultation to discuss filing for a administrative hearing or a Missouri hardship license, call our Missouri DWI attorneys at 1-888-4-DUI-CLINIC today.

What are “points”?

Wednesday, December 15th, 2010

All 50 states have a “Point System” for determining when a driver’s license suspension and revocation should be triggered. Conviction of any traffic offense or disregard for any traffic law violations will result in the assessment of Points which accumulate over time.  Points go on your drivers’ record. If your driver’s license reaches a certain number of points,  your driver’s license will be suspended and/or revoked.

What is The Missouri’s Point System Statute?

Friday, December 10th, 2010

The Missouri Point System Statute

Became Effective 8/29/09

Point system–assessment for violation–assessment of points stayed, when, procedure.
302.302. 1. The director of revenue shall put into effect a point system for the suspension and revocation of licenses. Points shall be assessed only after a conviction or forfeiture of collateral. The initial point value is as follows:

(1) Any moving violation of a state law or county or municipal or federal traffic ordinance or regulation not listed in this section, other than a violation of vehicle equipment provisions or a court-ordered supervision as provided in section 302.303 2 points
(except any violation of municipal stop sign ordinance where no accident is involved) 1 point
(2) Speeding In violation of a state law 3 points
In violation of a county or municipal ordinance 2 points
(3) Leaving the scene of an accident in violation of section 577.060, RSMo 12 points
In violation of any county or municipal ordinance 6 points
(4) Careless and imprudent driving in violation of subsection 4 of section 304.016, RSMo 4 points
In violation of a county or municipal ordinance 2 points
(5) Operating without a valid license in violation of subdivision (1) or (2) of subsection 1 of section 302.020
For the first conviction 2 points
For the second conviction 4 points
For the third conviction 6 points
(6) Operating with a suspended or revoked license prior to restoration of operating privileges 12 points
(7) Obtaining a license by misrepresentation 12 points
(8) For the first conviction of driving while in an intoxicated condition or under the influence of controlled substances or drugs 8 points
(9) For the second or subsequent conviction of any of the following offenses however combined: driving while in an intoxicated condition, driving under the influence of controlled substances or drugs or driving with a blood alcohol content of eight-hundredths of one percent or more by weight 12 points
(10) For the first conviction for driving with blood alcohol content eight-hundredths of one percent or more by weight In violation of state law 8 points
In violation of a county or municipal ordinance or federal law or regulation 8 points
(11) Any felony involving the use of a motor vehicle 12 points
(12) Knowingly permitting unlicensed operator to operate a motor vehicle 4 points
(13) For a conviction for failure to maintain financial responsibility pursuant to county or municipal ordinance or pursuant to section 303.025, RSMo 4 points
(14) Endangerment of a highway worker in violation of section 304.585, RSMo 4 points
(15) Aggravated endangerment of a highway worker in violation of section 304.585, RSMo 12 points
(16) For a conviction of violating a municipal ordinance that prohibits tow truck operators from stopping at or proceeding to the scene of an accident unless they have been requested to stop or proceed to such scene by a party involved in such accident or by an officer of a public safety agency 4 points

2. The director shall, as provided in subdivision (5) of subsection 1 of this section, assess an operator points for a conviction pursuant to subdivision (1) or (2) of subsection 1 of section 302.020, when the director issues such operator a license or permit pursuant to the provisions of sections 302.010 to 302.340.

3. An additional two points shall be assessed when personal injury or property damage results from any violation listed in subdivisions (1) to (13) of subsection 1 of this section and if found to be warranted and certified by the reporting court.

4. When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1 of this section constitutes both a violation of a state law and a violation of a county or municipal ordinance, points may be assessed for either violation but not for both. Notwithstanding that an offense arising out of the same occurrence could be construed to be a violation of subdivisions (8), (9) and (10) of subsection 1 of this section, no person shall be tried or convicted for more than one offense pursuant to subdivisions (8), (9) and (10) of subsection 1 of this section for offenses arising out of the same occurrence.

5. The director of revenue shall put into effect a system for staying the assessment of points against an operator. The system shall provide that the satisfactory completion of a driver-improvement program or, in the case of violations committed while operating a motorcycle, a motorcycle-rider training course approved by the state highways and transportation commission, by an operator, when so ordered and verified by any court having jurisdiction over any law of this state or county or municipal ordinance, regulating motor vehicles, other than a violation committed in a commercial motor vehicle as defined in section 302.700 or a violation committed by an individual who has been issued a commercial driver’s license or is required to obtain a commercial driver’s license in this state or any other state, shall be accepted by the director in lieu of the assessment of points for a violation pursuant to subdivision (1), (2) or (4) of subsection 1 of this section or pursuant to subsection 3 of this section. A court using a centralized violation bureau established under section 476.385, RSMo, may elect to have the bureau order and verify completion of a driver-improvement program or motorcycle-rider training course as prescribed by order of the court. For the purposes of this subsection, the driver-improvement program shall meet or exceed the standards of the National Safety Council’s eight-hour “Defensive Driving Course” or, in the case of a violation which occurred during the operation of a motorcycle, the program shall meet the standards established by the state highways and transportation commission pursuant to sections 302.133 to 302.137. The completion of a driver-improvement program or a motorcycle-rider training course shall not be accepted in lieu of points more than one time in any thirty-six-month period and shall be completed within sixty days of the date of conviction in order to be accepted in lieu of the assessment of points. Every court having jurisdiction pursuant to the provisions of this subsection shall, within fifteen days after completion of the driver-improvement program or motorcycle-rider training course by an operator, forward a record of the completion to the director, all other provisions of the law to the contrary notwithstanding. The director shall establish procedures for record keeping and the administration of this subsection.

What Are The Penalties For Multiple Missouri DWI Convictions?

Monday, December 6th, 2010

Multiple DWI Convictions in Missouri

A driver convicted of a second alcohol offense, regardless of the length of time between convictions, is normally revoked for a period of one year. A driver convicted a second time for an alcohol offense within a five-year period may also receive a five-year license denial.

A 10-year license denial is imposed against any individual convicted three or more times for an alcohol offense. After ten years, the privilege to drive can be restored only by court order.

If you have been arrested for a repeat DWI offense in Missouri, call our law firm and discuss your case with a Missouri DWI lawyer today.

What Are The Penalties For a First Time DWI Conviction in Missouri?

Saturday, December 4th, 2010

First Convictions

  1. First conviction for excessive blood alcohol content (BAC)
  2. First conviction for driving while intoxicated (DWI) or driving under the influence of drugs (DUID)
  3. Commercial motor vehicle .04%

A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met. A person convicted of operating a commercial motor vehicle while his or her alcohol content is .04% will be assessed 2 points and disqualified from driving a commercial motor vehicle for one year.

Call 1-888-4-DUI-CLINIC to speak with a Missouri DWI attorney to discuss your legal rights for free.

I Was Arrested For a DWI In Missouri, Now What Happens?

Thursday, December 2nd, 2010

When an individual is stopped by police and then arrested by the police for driving a vehicle while  impaired by alcohol or drugs there are two separate sections of Missouri law that govern the arrest/criminal process and the suspension/revocation of the subject’s driving privileges.

Missouri’s Criminal Alcohol Law

This law deals with the ticket that was issued. If an individual is convicted of a criminal alcohol offense, the court sends a copy of the conviction to the department, and the proper points are assessed to the individual’s driving record. Subsequently, an individual’s driving privilege may be suspended or revoked for accumulation of points.

Missouri’s Administrative Alcohol Law

This area of Missouri state law initiates a driver’s license suspension or revocation of the driving privileges if the subject’s blood alcohol content level is over the legal limit which is .08% for individuals over 21 years of age and .02% for minors under the age of 21. This is an automatic suspension/revocation (unless appealed and won through the Administrative Hearing or Trial DeNovo process) even if the ticket was disposed of in court or reduced to a lesser charge.