Q: If this is my first DWI offense, will I be allowed to drive at all during my (90) day administrative suspension? And if so, what are my options?
A: Your first option is to be fully restricted from driving for the first (30) days of your suspension. After the initial (30) days, you would be eligible for a Restricted Driving Permit, which would allow you to drive to Work, School, and SATOP for your remaining (60) days of suspension.
Q: What would I need to do to receive a Restricted Driving Permit?
A: In order to receive your Restricted Driving Permit you would need to file your Proof of Financial Responsibility (SR-22) with the Missouri Department of Revenue prior to your 31st day. The Missouri Department of Revenue will automatically issue you a Restricted Driving Permit that will be mailed to the address on your driver’s license.
Q: What if I no longer reside at the address provided on my driver’s license?
A: You would need to contact the Missouri Department of Revenue accordingly to update their records.
Q: What if I need to drive to work and cannot afford to be without a driver’s license for even the first (30) days of my suspension? Is there anything I can do?
A: The State of Missouri very recently passed a law (RSMo §302.525) allowing first time DWI offenders to obtain a Restricted Driving Permit on the first day of your suspension; therefore, allowing you to drive to Work, School, and SATOP during the entire (90) day administrative alcohol suspension.
Q: What would I need to do to receive the Restricted Driving Permit under THIS option?
A: As before, you would need to file your Proof of Financial Responsibility (SR-22) with the Missouri Department of Revenue prior to your suspension date as well as provide proof of installation of a certified ignition interlock device from the first date of your suspension through the (90) days. You will also need to complete and submit Form 2385 “Request for Immediate 90-Day Restricted Driving Privilege”; which formally advises the Missouri Department of Revenue of your decision.
Q: Why would anyone not do this; what is the catch?
A: The expense of the ignition interlock averages $70-$150 for installation plus the additional costs for monitoring averaging $60 - $80 per month. This could potentially cost you anywhere from $250 - $470.
Additionally, prior to full reinstatement after the (90) day suspension; the Missouri Department of Revenue will require proof that the restricted driver successfully complete (75) consecutive days without any reports of tampering and/or blood alcohol concentration above the set-point established by the department of transportation.
Q: What happens if I do not successfully complete the (75) consecutive days?
A: Then you will be required to either keep the ignition interlock installed in your vehicle for an additional (30) days while still under a Restricted Driving Permit; OR, you will have to serve the additional (30) days under a full suspension of your driver’s license.
Q: How can I get my driver’s license fully reinstated after my (90) day suspension has been successfully completed?
A: The Missouri Department of Revenue requires that you file your SR-22 (which you should have already completed in order in obtaining your Restricted Driving Permit), provided proof of your completion of SATOP, and paid a $45.00 reinstatement fee to the Missouri Department of Revenue.
IF you opted to install the ignition interlock for the full (90) days, you will also need to provide proof of your successful (75) day completion.
Q: How long does it usually take the Missouri Department of Revenue to send me my Restricted Driving Permit and/or reinstated Driver’s License?
A: I always tell clients to expect (10) business days from the date of the Missouri Department of Revenue’s receipt for processing.
For example, if you are eligible for a Restricted Driving Permit after your (30) days of initial suspension on Friday, April 18th - then you would want to make sure that your SR-22 is filed with the Missouri Department of Revenue by Friday, April 4th. When it comes to not being allowed to drive; days can make a large impact.
Q: This all sounds very overwhelming, is there anything I can do to ensure that my driver’s license matter will be properly addressed so that I will not be at risk of driving while suspended?
A: Definitely! My office works closely with clients and their concerns during this entire process to ensure that you are not driving while suspended and/or encounter any surprises if you were to be pulled-over by a police officer.
More Questions? Contact a St. Louis DWI Defense Lawyer Today
Kevin J. roach is a St. Louis DWI defense attorney who has defended thousands of DWI and DUI cases in the St. Louis Metro area. Call us today at (636) 519-0085 or (866) 519-0085 for your Free Consultation!