Missouri 5- and 10-year Denial of License Laws

Posted by Matt McLane | May 16, 2018 | 0 Comments

Missouri licensing laws mandate that a driver with two (2) DWI convictions in a five-year period (taken from date of conviction) can not have their license reinstated for five years following the second conviction.  Drivers with three or more DWI or any alcohol-driving related conviction can not get a license for ten years following the date of the last conviction.  I will discuss methods to get a restricted Permit to drive during the 5- and 10-year periods in a separate post.  The DOR will deny the issuance of a license to those whose records indicate DWI convictions, including out-of-state alcohol convictions. The difference between the two time period listed herein, however, is that only DWI convictions count toward a 5-year denial whereas any alcohol related driving conviction (ie Driving with Excessive blood alcohol content {BAC}) count toward the 10-year denial.  Therefore, it is wise to have your attorney ask for an amendment of a DWI-2nd offense to Driving With Excessive BAC for the sole purpose of avoiding a 5-year denial of the license.  The driver is still subject to a license suspension of one year for the refusal or failure of a breath test with a prior DWI, but to avoid the 5-year denial you must avoid a second DWI conviction.  Indeed, the BAC law (577.012) was crafted to allow for the state to obtain a conviction for driving with excess BAC while the driver escapes the 5-year license denial.  A win-win proposition by most accounts.  However, as noted above, the BAC conviction will count toward a 10-year denial if the driver picks up another DWI charge during their lifetime.  Lawmakers believed that a third life-time DWI conviction or its equivalent warranted a lengthy denial of a license.  As I will note in future postings, a driver can apply for a restricted Permit to drive after serving a few years of the suspension/denial.  Regardless, take note of the distinction drawn between the DWI and BAC statutes and use the latter to your advantage if possible in order to avoid the mandatory 5-year denial period.    

About the Author

Matt McLane

Matt McLane was born in Topeka, Kansas, and moved to Pittsburg, Kansas in 1980 where he attended middle school, high school and college. Upon graduation from PSU in 1992, Matt moved back to Topeka where he attended Washburn University law school. Upon graduation, he moved to Overland Park and worked in a small firm handling DUI and traffic cases. He opened the McLane Law Firm in April 2011 and has built his firm on a strong referral base and solid reputation.


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McLane Law Firm

Matt McLane has been defending individuals charged with DUI, traffic and criminal offenses since his graduation from Washburn University Law School in 1996. Licensed in the states of Kansas and Missouri. Mr. McLane specializes in DUI and criminal defense throughout the Kansas City metropolitan area.

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