Beyond losing driving privileges by refusing or failing the BAC test, the criminal portion of the DWI case can also cause a driver to lose their privilege to drive in Missouri, including point suspensions, point revocations, felony revocations, abuse and lose suspensions and five or ten year denials. These "point" suspensions result from convictions of DWI, excessive blood alcohol content and various other traffic violations. As a practice pointer if counsel is unsure on the ramifications of a potential plea or proceeding to trial it is recommended to contact the Department of Revenue and ask them what will happen if your client is convicted of the pending charge(s).[1]

Points are assessed pursuant to the table set forth in §302.302.[2] If a driver accumulates eight points in 18 months, the driving privilege will be suspended for 30 days if it is the first suspension, 60 days if it is the second suspension and 90 days if it is the third suspension. If the driver accumulates 12 points in 12 months, 18 points in 24 months, or 24 points in 36 months, the driver's privilege will be revoked for one year.

It is possible to win the administrative case or petition for review against the Department of Revenue and still lose the criminal case. If your client is convicted for DWI in the criminal case it will result in the assessment of points on your client's driving record. A first time DWI violation under state law or county or municipal ordinance will result in 8 points being assessed. Subsequent DWI violations or a first offense following a previous alcohol/drug-related offense will result in 12 points being assessed. This means that at the very least a driver's first conviction will result in a 30 day suspension.

A conviction for any felony involving the use of a motor vehicle will result in the assessment of 12 points on the driver's driving record. The 12 points will trigger a license revocation. In some cases the driver may be eligible for hardship privileges. Felony DWI offenders are not be eligible for hardship driving privileges.[3]

§ 302.060(10) provides that any person who has been convicted of DWI or excessive blood alcohol content within five years will have their driving privileges denied for five years from the date of the second conviction. In addition, drivers convicted of involuntary manslaughter under §565.024.1(2) will also have their driving privileges denied for five years.

§302.060(9) provides that any person who has been convicted more than twice of DWI or BAC shall have their license denied for at least 10 years. After the expiration of ten years from the date of conviction of the last offense, the driver may petition the circuit court of the county of the last conviction and the court will review the person's habits and conduct since the last conviction. If the court finds that the petitioner has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding ten years and that the petitioner's habits and conduct shows that they no longer pose a threat to the public safety, the court may order the director to issue a license to the petitioner if the petitioner is otherwise qualified. However, a driver cannot obtain a license under this provision more than once.