Missouri is one of the few states in the US where the number of alcohol related fatalities has actually increased since 1982. However, the percentage of alcohol related fatalities has gone down as the total number of highway fatalities has increased. The alcohol related death rate per 100 million VMT (see explanation below) has also decreased. In 2004, out of all traffic fatalities, 34% involved a blood alcohol concentration (BAC) of 0.08 or higher Fatalities 2004 Total - 1,130 Alcohol Related - 449 Percent Alcohol Related - 40 Above .08 BAC - 388 Percent above .08 - 34
Alcohol Convictions Statutory References: 302.302, 577.010, and 577.012, RSMo
Points are added to a driver's record for an alcohol related traffic conviction.
First conviction for excessive blood alcohol content (BAC) 8 points First conviction for driving while intoxicated (DWI) or driving under the influence of drugs (DUID) 8 points Second or subsequent conviction for DWI, DUID or BAC 12 points Commercial motor vehicle .04% 2 points
A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met. A person convicted of operating a commercial motor vehicle while his or her alcohol content is .04% will be assessed 2 points and disqualified from driving a commercial motor vehicle for one year.
Multiple Convictions
A driver convicted of a second alcohol offense, regardless of the length of time between convictions, is revoked for a period of one year. A driver convicted of driving while intoxicated for the second time in a five year period also receives a five year license denial.
A ten year license denial is imposed against any individual convicted three or more times for driving while intoxicated, excessive blood alcohol content (BAC) or a combination thereof. After ten years, the privilege to drive can be restored only by court order.
Reinstatement
A person whose driving privilege is suspended or revoked may have his or her driving privilege reinstated after the suspension or revocation period is served if all requirements are filed with the Department of Revenue. If a driver does not satisfy the reinstatement requirements, the driving privilege remains suspended or revoked.
Anyone suspended or revoked for points assessed as a result of an alcohol related conviction must meet the following reinstatement requirements:
Pay a $45 reinstatement fee.
File and maintain proof of financial responsibility for two years from the suspension or revocation date. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any driver revoked for at least one year is also required to take and pass the complete driver examination and apply for a new license at proper fee.
Administrative Alcohol Arrests
A person arrested for driving with a blood alcohol content of .08 percent or higher is processed administratively as well as, criminally. Minors arrested or stopped with .020% or more blood alcohol content are also subject to the administrative sanctions under section 302.500 through 302.540.
The arresting officer completes and sends information to the Department of Revenue, including the following.
Alcohol Influence Report form (AIR).
Missouri Uniform Complaint and Summons, or warrant, if applicable. Notice of Suspension/Revocation of Driving Privilege and Temporary 15-Day Driving Permit (this will only be issued if the individual's license is taken). Missouri Driver License, if secured.
Hearing Process
The driver has 15 days from the date of the arrest to request an administrative hearing. If requested, a hearing is scheduled by the Department of Revenue in the county of arrest or may be held by telephone. In most cases, the administrative records are sufficient to serve as the arresting officer's testimony during the administrative hearing. In some instances, however, the arresting officer may be subpoenaed to appear.
Suspension/Revocation
If the action is upheld, the driver license is suspended or revoked based on the prior five year driver record. If convicted or suspended during the past five years for an alcohol related law enforcement contact, the person is revoked for one year, if not, a 30 day suspension is imposed. The 30 day suspension is followed by a 60 day restricted driving privilege. The effective date of the suspension or revocation is 15 days after the final order of the hearing officer is mailed from the Department of Revenue.
If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final.
If the suspension/revocation is upheld at the administrative hearing, the individual can petition the circuit court for further review. The suspension or revocation is still imposed even though a circuit court review is pending. If the arrest is upheld by the court, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, the suspension or revocation is canceled and the license is returned, if applicable.
The reinstatement requirements are:
Pay a $45 reinstatement fee. File and maintain proof of financial responsibility (SR-22 filing) for two years from the suspension or revocation date. However, proof of financial responsibility is not required for minors suspended on a first offense under the zero tolerance law. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. If revoked, the individual is required to take the complete written and driving tests before applying for a new license.
Chemical Test Refusal
Missouri's implied consent law requires a driver to submit to a chemical test when requested by a law enforcement officer. If the driver refuses to submit to the test, the license is revoked for one year.
Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form or a Refusal Affidavit. The arresting officer will take possession of any valid Missouri Driver License the driver has in his or her possession and issue a 15 day permit. Any continued driving beyond the initial 15 day period must be pursuant to a court issued stay order. The stay order will hold the revocation in abeyance until disposition of the case.
If the arrest is upheld by the court, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, the revocation is canceled and the license is returned, if applicable
The reinstatement requirements are:
Pay a $45 reinstatement fee. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed.
Abuse and Lose
If ordered by the court, anyone under the age of 21 years of age may have his or her driving privilege suspended or revoked for any one of the following reasons:
Any alcohol related traffic offense.
Any offense involving the possession or use of alcohol while operating a motor vehicle. Any offense involving the possession or use of a controlled substance. Any offense involving the alteration, modification or misrepresentation of a driver license. A second offense involving the possession or use of alcohol by someone under 18 years of age. The first withdrawal action under the Abuse and Lose law shall be for 90 days and any subsequent action shall be for one year. The reinstatement requirements are:
Pay a $45 reinstatement fee.
Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed.
Minor in Possession/Other Alcohol Offenses Statutory References: 311.325 and 577.500
Conviction
Two points are added to a driver's record for a minor in possession traffic conviction. The person must have been operating a motor vehicle.
Court Ordered Suspension/Revocation
If ordered by a state court, any person more than 15 and under 21 years of age may have his or her driving privilege suspended or revoked for any one of the following reasons:
Purchasing or attempting to purchase any intoxicating liquor. Possessing any intoxicating liquor. Being visibly intoxicated as defined in section 577.001, RSMo. Having a blood alcohol content level of more than .020 percent. The first withdrawal action under the Minor in Possession/Other Alcohol Offenses law shall be for 30 days, the second withdrawal action shall be for 90 days, and the third or subsequent withdrawal action shall be for one year. The reinstatement requirements are:
Pay a $45 reinstatement fee. Provide proof of successful completion of a Substance Abuse Traffic Offender Program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed.
Automatic License Suspension
How can I get my driver license back when it is suspended/revoked under the Administrative Alcohol Law?
Send the following items to the Driver License Bureau, P.O. Box 200, Jefferson City, MO 65105-0200 before your suspension/revocation period ends.
Substance Abuse Traffic Offender Program (SATOP) completion form or a comparable program completion form. The Division of Alcohol and Drug Abuse will send this form directly to us after you complete the program. $45 reinstatement fee. Money order or personal check is acceptable. Please include your full name, address, date of birth, and driver license number. Proof of insurance (SR-22). It must be kept for two (2) years from the starting date of your suspension/revocation. The SR-22 is not required for minors suspended/revoked for the first time testing with a blood alcohol level of .020% or more.
When will I get my driver license back?
If you have met your reinstatement requirements, you can get your driver license back 90 days from the starting date of your suspension. We will send the license back to you with your reinstatement notice.
If your license was revoked for one year, and you have met your reinstatement requirements, you must retest and complete an application for a Missouri driver license before driving.
Can I have any type of driving privilege while I am suspended/revoked?
If you have been revoked, you are not eligible for any type of driving privilege.
If you have been suspended, you must serve the first 30 days of your suspension without driving. After the first 30 days, you may receive a 60-day Restricted Driving Permit for work, school, and to attend an alcohol education/treatment program. You do not have to apply for this permit. One may be issued to you after you file an SR-22 with our office, if you are otherwise eligible. The SR-22 is not required for minors suspended for testing .020% or more.
If you have been suspended, you also have a second option. You may apply for a Limited Driving Privilege (hardship license). You must serve the first 30 days of your suspension without driving. After the first 30 days, you can apply for the hardship license. The hardship license can be used for work, your alcohol program, medical treatment, school, etc. After September 30, 2005, a person cannot obtain a hardship license to drive a commercial motor vehicle.
NOTE: Only one hardship license can be given to you in a 5-year period. Therefore, if you only need to drive to and from work and/or an alcohol education/treatment program, you may drive on your restricted driving privilege instead of applying for a hardship license.
How long do I need the SR-22 insurance filing?
You need to file the SR-22 for two (2) years from the starting date of your suspension or revocation. The SR-22 is not required for minors suspended/revoked for the first time testing .020% or more.
Will I have to retake my test?
You will have to retake your test if you have been revoked or your license has been expired for more than 6 months.
How do I request a hearing?
Within 15 days from the date the Notice of Suspension/Revocation is issued to you, a written request must be received by, or postmarked to: Missouri Department of Revenue, Driver License Bureau, P.O. Box 3700, Jefferson City, MO 65105-3700
You must indicate on the hearing request whether you want to have your hearing in-person or by telephone. If you do not request an in-person hearing, a telephone hearing will be scheduled. If a hearing is granted, a permit to drive will be mailed to you if you have surrendered your driver license and are eligible to drive in Missouri. The permit will allow you to drive until 15 days after the decision from the hearing is mailed to you. If you do not correctly request a hearing within 15 days from the date the Notice of Suspension/Revocation is issued to you, your hearing will be denied and no further appeal is possible. Your hearing date and time will be mailed to you. If you have hired an attorney, please ensure you have provided the person's full name and current mailing address on your request for hearing.
What is an SR-22 insurance filing?
It is a form from your insurance company that shows your motor vehicle has liability insurance.
Why do I need to complete a SATOP, I was not convicted?
If you drove with a blood alcohol content above the legal limit, the law requires you to complete a SATOP.
When will the administrative suspension or revocation come off my driver record?
Never, as the law requires this to be part of your driver history.
