Missouri's process to regain driving privileges following a 5- or 10-year denial

Posted by Matt McLane | Dec 19, 2019 | 1 Comment

Multiple DWI convictions in Missouri will lead to a 5- or 10-year denial of a driver's license.  Two convictions within a 5-year period will cause a 5-year "denial" of a license.  Three convictions in a lifetime will trigger a 10-year "denial." The process to regain or "restore" a license is not simple.  You must first petition the circuit court in the county where the last conviction occurred.  You must complete a full fingerprint background check and not have any alcohol or drug related convictions in the preceding 10-year period.  The court will set a hearing date for you and your attorney to appear in court and present evidence that you no longer pose a threat to society.  This evidence comes mainly by testimony from the driver of his or her "progress" with sobriety in the preceding years and efforts to avoid alcohol or drugs moving forward.  I always have my clients testify to their current employment situation; current family support (if any); current alcohol counseling if they are in a group; and current hobbies, if any, that they enjoy in lieu of alcohol or drugs. In other words, we offer proof that the petitioner has in fact changed his ways and behavior.  If we are persuasive enough, the Judge will grant the Petition and will sign a Judgement confirming the "restoration" of driving privileges.  In this event, the driver must get proof of insurance (SR-22) and the ignition interlock device for atleast six months.  The SR22 is usually required for two years.  The interlock is a great way to protect both society and the driver.  The interlock is a critical component of reinstatement and should be welcomed by those who have temptations to drive after drinking.   In all, the process takes about 6-8 weeks through completion after the filing of the Petition to Restore Driving Privileges.   

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.


Matt McLane Reply

Posted Dec 20, 2019 at 10:56:38

The G….thank you for reading my blog. Maybe someday we can sit down face to face and discuss this legal issue in more detail. Until then, drive safe my friend. Happy holidays too!

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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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