Filing for a DUI Hardship License Limited Driving Privilege
In Missouri a driver convicted twice of DUI or a comparable alcohol-related offense within a five-year period faces a Five Year Denial of his or her Missouri Driving Privileges, A Driver convicted three or more times faces a Ten Year Denial. Previously the Driver would have to wait two or three years before asking the Court to consider granting Hardship Privileges.
In 2013 the laws were changed, reducing the waiting period to file but also adding mandatory Ignition Interlock with Camera and GPS . If you do not have a five or ten year denial you may apply directly with the Missouri Department of Revenue for Hardship Privileges by completing a Form 4595.
What is generally referred to as a 'Hardship License' in Missouri is also now more commonly known as a 'Limited Driving Privilege' or 'LDP' Under RSMo 302.309 an application may be made in writing to the director of revenue by petitioning the Circuit Court in the County of residence and shall state the person's reasons for requesting the limited driving privilege and can be requested for the purpose of being granted the privilege to operate a motor vehicle in connection with any of the following:
1) A business, occupation, or employment;
2) Seeking medical treatment for such operator;
3) Attending school or other institution of higher education;
4) Attending alcohol or drug treatment programs;
5) Seeking the required services of a certified ignition interlock device provider; or
6) Any other circumstance the court or director finds would create an undue hardship on the operator.
Previously, A Driver under a Five or Ten Year Denial would have had to wait two or three years before asking for a Hardship License to be granted. Under the current laws that waiting period has been reduced to either 45 or 90 days, depending on prior history. The new law also removes the 'More than One Test Refusal' rule, which made many people ineligible for a Hardship License. The Felony disqualifier remains, meaning that you will be automatically denied an LDP if you have a driving related felony on your record. Commercial Drivers (CDL Holders) also cannot receive an LDP to drive a commercial motor vehicle, however a former CDL holder can petition for an LDP for the purpose of operating a noncommercial vehicle provided that person is not otherwise ineligible.
Other disqualifiers include a conviction for a DUI involving drugs or controlled substances or an unsatisfied judgment involving a motor vehicle accident for which you were responsible. You will also be denied an LDP if you have outstanding/ unpaid traffic tickets or fines. You must be a Missouri Resident or work or attend school in Missouri to be granted an LDP.
An application for Limited Driving Privileges is to be made in the county where such driver lives or in the county in which is located the driver's principal place of employment. To be eligible for a Limited Driving Privilege , Proof of Financial Responsibility (SR-22) must be kept on file with the State of Missouri. Ignition Interlock with GPS and Camera will also be required for the duration of the LDP.
NOTE: A conviction for any violation that results in points being assessed pursuant to RSMo 302.302, other than a municipal stop sign ordinance where no accident was involved, terminates the LDP privileges as of the date the points are assessed against the driver's driving record. Failure of the Driver to maintain Proof of Insurance or Ignition Interlock will also end the Privilege.
Contact our Office today with your questions regarding Missouri Hardship Licenses and Getting Back on the Road Legally with an LDP.
