DUI/DWI Hardship Licenses in Missouri

What is a DUI/DWI hardship license, and who is eligible to apply for one in Missouri?

A DUI/DWI hardship license, also known as a “work license,” is a special type of restricted license available to drivers who have had their driver’s license suspended due to a DUI or DWI charge. It allows a driver to travel to and from places that are necessary for work, school, or medical treatment. In Missouri, drivers who have had their license suspended for a DUI or DWI charge are eligible to apply for a hardship license if they meet certain conditions, such as attending an approved alcohol treatment program, having no other pending criminal charges, and having served at least 60 days of the suspension period.

What are the specific conditions or circumstances that may lead to a hardship license in Missouri?

In Missouri, a hardship license may be granted if the driver has a suspended or revoked license due to certain violations, such as unpaid child support, failure to appear in court, or a major traffic violation, and has a “compelling need” to drive. The specific conditions for each type of violation vary. For example, significant changes in family circumstances or an inability to maintain employment without a driver’s license are considered compelling needs for unpaid child support. For failure to appear in court, an inability to take public transportation or a need to travel for work may be considered compelling. The Department of Revenue has the ultimate discretion to decide whether or not to grant a hardship license.

Are there different requirements for first-time offenders compared to repeat offenders in Missouri?

Yes, there are different requirements for first-time offenders compared to repeat offenders in Missouri. First-time offenders may be subject to lighter penalties than repeat offenders. For example, first-time offenders may be eligible for probation or may be able to enter into a plea agreement that reduces their potential sentence. Repeat offenders may face more severe penalties, including longer jail sentences and higher fines.

How long is a driver’s license typically suspended before applying for a hardship license in Missouri?

In Missouri, a driver’s license is typically suspended for 30 days before applying for a hardship license.

What are the restrictions and limitations of a hardship license in Missouri?

In Missouri, a hardship license is a special type of restricted license that allows someone with a suspended or revoked driver’s license to drive under specific circumstances for specific purposes. In order to be eligible, the driver must meet certain criteria and must show that they need to drive for employment, medical treatment, or education purposes.

The restrictions and limitations of a hardship license in Missouri include:

1. The driver is only permitted to drive during specific times and to certain places approved by the court.
2. The driver must complete any required DUI education or treatment program in order to be eligible.
3. The driver must maintain an SR-22 insurance policy for three years from the date of reinstatement.
4. The driver is prohibited from operating any vehicles with more than two axles, such as buses or commercial trucks.
5. The driver is prohibited from operating any vehicle with an alcohol ignition interlock device installed.
6. The driver must comply with all other court orders related to their suspended drivers license, including paying all fines and fees associated with their violation of the law.

Can individuals with a hardship license drive at any time of day or night in Missouri?

No, individuals with a hardship license in Missouri are not allowed to drive at any time of day or night. The Missouri Department of Revenue states that those with a hardship license are limited to driving only during the hours established by the court or as necessary for employment. This varies depending on the individual’s circumstances, but generally includes driving between the hours of 6 a.m. and 10 p.m.

Is there a mandatory waiting period before applying for a hardship license in Missouri?

Yes, there is a mandatory waiting period before applying for a hardship license in Missouri. The waiting period is 90 days for a first-time DWI offense, and one year for a second or subsequent DWI offense.

Do individuals need to complete any rehabilitation or treatment programs to qualify for a hardship license in Missouri?

Yes, individuals must complete a rehabilitation or treatment program in order to qualify for a hardship license in Missouri. The Missouri Department of Revenue requires applicants for restricted driving privileges to submit proof of successful completion of an alcohol/drug treatment program or alcohol/drug rehabilitation program prior to the application being considered.

Are there additional fees or costs associated with obtaining a hardship license in Missouri?

Yes. In addition to the $7.50 fee to apply for the hardship license, you are also required to pay a fee for the driving test and for any additional classes or courses that may be required in order to obtain the license.

Can commercial driver’s license (CDL) holders obtain hardship licenses in Missouri?

No. Missouri does not allow CDL holders to obtain hardship licenses. CDL holders in Missouri must adhere to the same standards as all other drivers and are subject to the same penalties for driving offenses.

What documentation and evidence are required when applying for a hardship license in Missouri?

When applying for a hardship license in Missouri, you will need to provide documentation and evidence that confirms the hardship that is preventing you from not having a valid driver’s license. Examples of acceptable documentation and evidence include medical documents related to the hardship, proof of financial hardship (such as pay stubs, bank statements, or tax returns), or evidence that you are enrolled in an alcohol/drug treatment program. You will also need to provide proof of insurance, a valid Missouri driver’s license, and a copy of your most recent driving record from the State of Missouri.

Are hardship licenses subject to ignition interlock device (IID) requirements in Missouri?

Yes, hardship licenses in Missouri are subject to ignition interlock device (IID) requirements. In order to obtain a hardship license in Missouri, the applicant must first install an IID on their vehicle.

Can individuals with a hardship license drive out of state in Missouri?

No, individuals with a hardship license in Missouri are not allowed to drive out of state.

What happens if a driver violates the terms and conditions of their hardship license in Missouri?

If a driver violates the terms and conditions of their hardship license in Missouri, they may be subject to having their license revoked or suspended, being issued a ticket, having to pay fines or costs, or having to serve jail time. Additionally, the driver may be required to attend an additional driver improvement course.

Is there a difference in hardship license eligibility for underage drivers in Missouri?

Yes. In Missouri, drivers under the age of 21 must meet more stringent requirements to obtain a hardship license. The driver must be able to prove that they have an employment or educational need to drive and must also demonstrate that there is no other viable transportation option available.

How does a hardship license affect insurance rates in Missouri?

Hardship licenses do not typically affect insurance rates in Missouri. The Missouri Department of Revenue states that the department does not report driving records to insurance companies. However, if a driver has been convicted of a moving violation while operating on a hardship license, that may affect their insurance rates.

Are there specific procedures for appealing a hardship license denial in Missouri?

Yes, there are specific procedures for appealing a hardship license denial in Missouri. A person may appeal the denial of their hardship license by filing a Petition for Judicial Review with the Circuit Court in the county where the hearing was held. The Petition must be filed within thirty (30) days from the date of the denial. The petition must include the following information:

1. The name and address of the person filing the petition;

2. The date and place of the administrative hearing;

3. The facts of the case;

4. A copy of the order denying issuance of the hardship license; and

5. A statement of why the petitioner believes the decision is incorrect.

Once the Petition for Judicial Review is filed, a hearing will be scheduled to determine if the administrative decision should be overturned. At this hearing, both parties may present evidence and testimony in support of their respective positions. After hearing arguments from both parties, the judge will make a ruling on whether or not to overturn or affirm the decision to deny issuance of the hardship license.

Do hardship licenses have any impact on future DUI/DWI charges or penalties in Missouri?

Hardship licenses do not have any direct impact on future DUI/DWI charges or penalties in Missouri. However, if you are convicted of a second or subsequent DUI/DWI, the punishment is likely to be more severe. Missouri law requires that a first-time offender be sentenced to jail for a minimum of 48 hours, while a second or subsequent offense can result in up to one year in jail. A driver with prior DUI/DWI convictions may also face an ignition interlock requirement, harsher fines, and longer license suspensions.

Are there resources or organizations that provide guidance on obtaining a hardship license in Missouri?

Yes, there are many resources and organizations that provide guidance on obtaining a hardship license in Missouri. The Missouri Department of Revenue provides detailed instructions on how to obtain a hardship license, including information about eligibility, the application process, and the required documents. Additionally, many legal and financial organizations provide assistance with the process, such as Legal Services of Eastern Missouri and the Missouri Bar Association.

What steps are required to transition from a hardship license back to a full, unrestricted license in Missouri?

1. Meet the criteria for eligibility to receive a hardship license. This includes having a valid license, proof of financial responsibility, and an order from the court or Department of Revenue to obtain a hardship license.

2. Complete all requirements of your hardship license. Depending on your circumstances, this may include attending an alcohol/drug safety program, maintaining SR-22 insurance, and/or paying any applicable fines or fees.

3. Apply for reinstatement of your full driver’s license at the local Driver License Office in Missouri. You will need to provide proof of successful completion of the requirements stated in Step 2.

4. Pay the reinstatement fee if applicable.

5. Take a vision test and retake your written and/or practical exams if necessary and pass them all.

6. Receive confirmation of reinstatement from the DOR and start driving with your full, unrestricted license again.