Although license suspension is just one penalty for a DWI arrest or conviction, you can take steps to reinstate it. The process can be complicated, and you need help now.
At JCS Law, a St. Louis driver’s license reinstatement attorney can explain what is required and guide you through fighting your DWI and getting your life back. Call us to speak with a trusted St. Louis DWI lawyer and arrange your free consultation today.
Why might someone’s license be suspended?
Below are some of the most common situations where your driving privileges can be revoked.
Administrative alcohol suspension
You will be asked to take a breath test when arrested for DWI. If you refuse, you will be taken to the station and asked to submit to a blood or urine test. When your Blood Alcohol Concentration (BAC) level is .08 or higher, your license will be suspended for a minimum of 90 days.
If this is a repeat DWI, you may even have your license revoked.
Alcohol possession by a minor
If you are arrested for DWI and are between the ages of 15 and 21, you may lose your license for at least 30 days on a first offense and as long as 90 days for additional charges. After that, your license could be revoked for up to one year.
Driving while intoxicated (DWI)
A DWI arrest will lead to license suspension, and a conviction will add eight points to your license. Additional convictions will add twelve points, and you can have additional suspension time added for excessive points on your license. For example, eight points equals a 30-day suspension; further violations can lead to a one-year suspension.
A second DWI conviction in five years means higher fines, longer jail time, and five-year license revocation. If there is a third conviction with a high BAC, you could face ten long years without a license. It is worth it to speak with a DWI attorney immediately for help heading off these drastic consequences.
Driving with no insurance
Missouri is a fault state for automotive accidents, meaning every driver is legally required to carry liability insurance, which pays for any injuries or damage they cause in a crash. Driving without this coverage and getting caught can result in a license suspension. It is possible to request leniency on your first offense to purchase insurance. If you fail to do so and are stopped again, your license may be suspended for at least 90 days.
Failure to attend court appearances
Regardless of the charge, your license could be suspended if you do not appear for mandatory hearings. You also risk having a bench warrant issued for your arrest.
Failure to pay traffic tickets
If you have unpaid traffic violations or fines, your license can be suspended to force you to reconcile those outstanding fees. It is possible but unlikely to be granted an extension, but you must still pay everything in full before getting your license back.
Fleeing the scene of an accident
After a car crash, every Missouri driver must fulfill certain legal duties. Leaving the scene after a fender bender is a Class A misdemeanor, but if someone is hurt, it is escalated to a Class E felony. It becomes a Class D felony if a person is killed.
What’s the process for reinstating a driver’s license in Missouri?
After an arrest for DWI in St. Louis, MO, law enforcement officials will seize your license immediately. You will be taken to the police station and processed, then given a notice (either Missouri Form 2385 or Missouri Form 4323 for refusing a breath test) indicating your license is suspended or revoked. If you do not receive one at the station, it will be mailed to your home address.
At this point, you have 15 days to fight the loss. You should contact the Missouri Driver’s License Bureau immediately to request an administrative hearing on the suspension. They will then send you a temporary driving permit by mail so you can continue to drive until your administrative hearing.
Your request for a hearing will allow your lawyer to access your police report, alcohol influence report, and information about the specific breath test machine used in your arrest. We can look for discrepancies or violations of your rights to dispute the charges.
Building your defense against a DWI charge
When we receive the information about your arrest for DWI, your St. Louis driver’s license reinstatement attorney will begin building your defense by examining the actions of the police officers and prosecuting attorneys. We look for proof that they followed all the protocols and steps while conducting a breath, blood, or saliva test to check your BAC. We also investigate whether they followed the correct procedures for arresting, processing, and detaining you.
These evidence reviews can often yield many mistakes or violations of your rights that we can use to defend you. For example, if the machine was not properly calibrated, your BAC result could have read as over the limit of .08% when it was lower. We will identify every potential misstep or improper action, filing motions to dismiss evidence in your case.
What are the requirements for license reinstatement?
Getting your license back has many steps; following them accurately and quickly is the key to reinstating your driving privileges.
You can receive a 60-day hardship license if you meet the following requirements. After you are 90 days out from the date your license was suspended, you become eligible for license reinstatement.
1. You must complete an awareness program
During the 60 days while your hardship license is in effect, you must attend and complete a Substance Awareness Traffic Offender Program (SATOP). This program will educate you on substance abuse and the dangers of driving while intoxicated, among other topics. Various levels and courses are available depending on your charges’ nature, severity, and frequency.
2. You must pay your fines and submit proof of SR-22 insurance
The fines will increase according to the level of your charges and whether you are acquitted or convicted. Regardless, you must complete the following to request a license reinstatement:
- Pay a $45 license reinstatement fee.
- Secure, provide, and maintain proof that you have purchased SR-22 insurance. You must keep this coverage for at least two years after your license suspension.
- Submit proof that you completed the SATOP program.
- Provide documentation that you installed an IID on your vehicle. You must keep the IID for at least six months for second and subsequent offenses.
- Retake your license exam if your revocation lasted at least one year or longer.
What is a Limited Driving Privilege (LDP)?
One of the first things we will work with you on is fulfilling the requirements for receiving a Limited Driving Privilege (LDP) license, sometimes called a “hardship license.” The fewer arrests and convictions you have for DWI, the easier this is to accomplish. However, it requires many of the steps listed above to reinstate your license fully, and it takes time.
Your LDP will allow you to drive your passenger vehicle in certain situations, such as to work, to take children to school, and to attend your SATOP program classes. However, you cannot receive an LDP for commercial driving or if you have certain convictions or administrative actions on your driving record.
Other circumstances could prevent you from this option. For example, if you fail to complete the SATOP course within 60 days, you are ineligible for an LDP. If you have a revocation for five or ten years, you must file a petition in your jurisdiction to seek an LDP or license reinstatement.
How can an attorney help reinstate my license?
While you may be able to complete all the steps to get your license reinstated by yourself, the truth is that you will be facing so many other concerns that you could overlook key details. Making mistakes during the process is costly since you only have 15 days to fight the suspension. Working with an experienced DWI attorney in St. Louis can take these problems off your plate.
At JCS Law, we are very familiar with the stress and choices our clients face after a DWI arrest. We know you will be up against a system that wants to punish you, so we begin gathering evidence and building your case immediately. When you hire our team, we push back against overzealous law enforcement and prosecutors looking to increase their conviction rate.
We listen to your story compassionately and use our extensive knowledge and background to fight for your rights. You can rest easy knowing we will try to reduce your penalties and help you get your license reinstated as quickly as possible. We do all this while filing motions to reduce or dismiss your charges.
Act now to speak with a St. Louis DWI license reinstatement attorney
Remember, you only have 15 days to act after your arrest if you hope to protect your rights and get your license back. By calling a DWI license reinstatement in St. Louis, you give yourself the best chance to complete the process without any missteps so you can repair your driving record quickly.
Contact the team at JCS Law by calling (314) 561-9690 or using our online form to schedule a consultation today.
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120 S Central Ave #1550
St. Louis MO 63105