Hardship License MO
What is a Hardship License MO?
A DWI arrest triggers an automatic suspension of your driving privileges. The Missouri Department of Revenue does not wait to find out whether or not you are convicted in court-the suspension will start 15 days after your arrest.
You can fight the suspension by requesting an administrative hearing, but there’s no guarantee that the hearing will go your way. If you are left without driving privileges, it’s important to find out whether or not you are entitled to a hardship license.
What is a Hardship License?
A hardship license is a driver’s license that allows you to reinstate certain driving privileges after a DWI arrest. However, a hardship license does not give you the freedom to hit the road and travel wherever your heart desires. The state typically allows DWI offenders to use a hardship license to travel to and from work, church, alcohol education courses, community service, and school. DWI offenders are also usually permitted to use the hardship license to take their sick children to the doctor, chauffeur them to and from school, and complete other similar tasks involving their dependents.
Eligibility For Hardship License MO
Some DWI offenders will not qualify for a hardship license, which means they cannot operate a motor vehicle until their suspension or revocation period is over. If you are a first-time offender, you may be eligible for a hardship license known as a restricted driving privilege (RDP). However, you are not eligible for the RDP if you are a repeat DWI offender.
How to Apply For a Hardship License MO After a DWI Arrest
First-time offenders have two options when it comes to applying for an RDP after a DWI in Missouri. You can either apply for a 90-day RDP immediately after your arrest or serve a 30-day license suspension before applying for a 60-day RDP. To request the 90-day RDP, you must fill out the appropriate paperwork and submit proof of installation of an ignition interlock device and proof of SR-22 insurance. If you choose the second option, you still must submit proof of insurance and installation of the device, however, you must serve your 30-day suspension first.
It’s important to note that this only applies to first-time DWI offenders. Repeat offenders are not eligible for an RDP, however, they could be eligible for another type of hardship license, the limited driving privilege (LDP). It’s best to speak with your attorney to find out your options.
The loss of driving privileges is one of the many consequences of a DWI arrest. The experienced criminal defense attorneys at The Missouri DWI & Criminal Law Center defend DWI offenders from these charges so they can avoid some or all of the serious penalties.
Do I Qualify For a Hardship License MO?
Mo. Rev. Stat. § 302.309 provides the circumstances under which you may request for a hardship license, or limited driving privilege (LDP), when your driver’s license is suspended, revoked, or denied, and your license is not currently eligible for reinstatement. An LDP allows you to drive in certain predetermined situations while you do not have a valid driver’s license.
There are some situations in which you are ineligible for an LDP, as follows:
Your license is eligible for reinstatement, but you have not met all the reinstatement requirements.
You have been convicted of a felony offense involving a motor vehicle within the last five years.
Your commercial driving privileges are suspended, revoked, canceled or disqualified.
Your license has been revoked for failing to pass a driving or medical exam as required by DOR.
Your suspension is for an unpaid motor vehicle accident judgment.
Your suspension is for an unpaid traffic ticket in Missouri or any other state.
Your court-ordered suspension is for a DWI or driving with excessive BAC conviction, or you have an administrative suspension for driving with a BAC over the legal limit.
You are not a Missouri resident and you do not currently work or attend school in Missouri.
If your suspension is related to DWI, you may be eligible for a restricted driving permit (RDP) in some situations, which is another form of a hardship license. However, obtaining an LDP in that situation is not an option.
Additionally, if you do not already have an SR-22 insurance form on file with DOR when you are granted an LDP, then you must have your insurance company provide proof of insurance to DOR. If you have more than one alcohol-related driving offense on your record, or an active chemical revocation, or in some cases, only one alcohol offense, then you must submit proof of installation of an Ignition Interlock Device (IID) on your vehicle. You must maintain the IID on your vehicle for as long as you have the LDP.
When you are charged with any type of DWI or alcohol-related offense, you will need an experienced DWI defense attorney to represent your interests from the very beginning of your case. Obtaining a hardship license may be a possibility if your license is suspended for this type of criminal offense, and we will fully explore this option with you.
We are here to look at the facts of your case, explore your options, and build the strongest defense possible on your behalf. Contact The Missouri DWI & Criminal Law Center at (816) 318-7943 and set up an appointment to speak with us today.
If you have been drinking, use our "Blood Alcohol Content (BAC) Calculator"to estimate your Blood Alcohol Content (BAC) before you drive, but please keep in mind that the information it provides is just an estimate and may not be inaccurate.