Limited Driving Privileges

If the driver has lost their driving privileges due to losing the petition for review or for failing to challenge the suspension or revocation, counsel's next step is to see if they are eligible for limited driving privileges ("LDP"). All circuit courts or the Director of Revenue shall have jurisdiction to hear applications and make eligibility determinations granting limited driving privileges. Any application may be made in writing to the director of revenue and stating the driver's reasons for requesting the limited driving privilege.[1]

§302.309.3(2) provides that when any court or the Director of Revenue finds that a driver is required to operate a motor vehicle in connection with (a) A business, occupation, or employment; (b) Seeking medical treatment for such operator; (c) Attending school or other institution of higher education; (d) Attending alcohol or drug treatment programs; (e) Seeking the required services of a certified ignition interlock device provider; or (f) Any other circumstance the court or director finds would create an undue hardship on the operator, then the court or director may grant limited driving privileges if the court or director finds undue hardship would result to the individual. SR-22 insurance certificates must be in place when applying for LDP.

There are multiple reasons the court or Department of Revenue will deny an application for LDP, including:

(1) The driver already received an LDP within the last five-year period;

(2) The driver received a conviction for a felony involving the use of a motor vehicle;

(3) The driver received a conviction for leaving the scene of a motor vehicle accident (does not include municipal or county convictions);

(4) The driver received two or more revocations for refusing a drug or alcohol test;

(5) The driver is attempting to receive LDP for commercial driving privileges;

(6) The driver has a conviction for driving a motor vehicle under the influence of drugs or controlled substances;

(7) The driver has multiple convictions for DWI or BAC;

(8) The driver is revoked for failure to pass a driving and/or medical examination as required by the Director of Revenue;

(9) The driver is suspended for an unsatisfied motor vehicle accident judgment (until payment or compliance has been met);

(10) The driver is suspended for failure to pay ticket(s) in Missouri or another state (until payment or compliance has been met);

(11) Less than 30 days have been served on a suspension/revocation that resulted from a conviction for driving while intoxicated (DWI) or driving with excessive blood alcohol concentration (BAC);

(12) Less than 90 days have been served on a revocation for refusal to submit to drug or alcohol test;

(13) Less than 30 days have been served on a Department of Revenue administrative alcohol suspension for driving a motor vehicle with a BAC over the legal limit; and

(14) The entire period of revocation has not been served on an administrative alcohol revocation for driving a motor vehicle with a BAC over the legal limit.[2]

The most common issues preventing DWI clients from obtaining LDP are they have had a previous hardship permit in the previous five years, they have a felony DWI conviction or they have two or more revocations for refusing a drug or alcohol test.

If the driver is serving a five year denial and they have served at least two years of the five year denial or if the driver is serving a ten year denial and they have served at least three years of the ten year denial they may be eligible to apply for LDP through the court. Proof of installation of an Ignition Interlock Device (IID) is required prior to LDP being issued. It must be maintained for the duration of the LDP. The driver must also file and maintain proof of insurance (SR-22) prior to a LDP being issued.