License Suspension, Revocation and Reinstatement

By: Jason A. Charpentier

Defending DWI cases is somewhat unique, in that although other crimes may result in civil drivers' license sanctions or penalties upon the criminal conviction, with DWI cases civil sanctions can and are imposed even if the criminal case is eventually won or dismissed. It is confusing to most clients because it takes the criminal DWI arrest of an individual to trigger Missouri's implied consent law and yet once the administrative suspension process has started, it becomes completely independent and separate from any result in the criminal case.

Navigating drivers through the maze of suspension, revocation and reinstatement statutes and regulations can be a challenging task for the DWI practitioner. This article is meant to give a brief background into the various actions that can cause a driver's privileges to be suspended or revoked, how proceeding in the criminal case will affect those privileges in the future and what counsel can do to reduce the economic impact of losing the driver's privileges by obtaining limited or hardship privileges for their client.

I. Losing Driving Privileges Through the DWI Arrest

   A. Suspensions from Administrative Alcohol Actions

   B. Revocations in Refusal Cases

   C. Losing Driving Privileges from the Criminal Conviction

II. Obtaining Temporary or Limited Driving Privileges

   A. Temporary Permits with Administrative Actions.

   B. Stay Orders

   C. Limited Driving Privileges

III. Reinstatement

   A. SATOP

   B. Ignition Interlock Device

IV. Conclusion

The statutory framework on license suspensions, revocations, limited privileges and reinstatement can be complicated and confusing. When representing clients who have been arrested for DWI and other driving related offenses it is advisable to simply double check with the Department of Revenue and ask them the driver's license consequences of taking a certain action with their case. It can save counsel much grief and embarrassment when advising a client about proceeding with their case.

The statutory framework on license suspensions, revocations, limited privileges and reinstatement can be complicated and confusing. When representing clients who have been arrested for DWI and other driving related offenses it is advisable to simply double check with the Department of Revenue and ask them the driver's license consequences of taking a certain action with their case. It can save counsel much grief and embarrassment when advising a client about proceeding with their case.

Footnotes