Missouri DWI Conviction | "Points"

Driver License Suspension, Revocation & Reinstatement


Missouri DWI Defense Attorneys

Points are assessed against a driver's license upon conviction of Driving While Intoxicated (DWI). Missouri Department of Revenue administrative rules govern the suspension, revocation, and reinstatement of Missouri driver licenses.

In Missouri, conviction of driving while intoxicated (DWI) or other alcohol-related traffic offenses result in "points" being assessed against a driver's license. Too many points against a driver license will result in it being suspended or revoked. After the passage of the period of suspension or revocation, the driver license becomes eligible for reinstatement and, after all Missouri Department of Revenue Requirements are met, the driver license will be reinstated.

Points
• Points for Missouri DWI, BAC & DUI Convictions

Suspension

• Suspension of Driving Privileges for Missouri DWI, BAC & DUI Convictions

Revocation

• Revocation of Driving Privileges for Missouri DWI, BAC & DUI Convictions

Reinstatement

• Reinstatement of Missouri Driver License

Statutes

• Missouri Point System Statute
• Missouri Driving While Intoxicated (DWI) Statute
• Missouri Excessive Blood Alcohol Content (BAC) Statute

Points for Missouri DWI, BAC & DUI Convictions

Points are added to a driver's record for an alcohol related traffic conviction.

8 Points

First conviction for driving while intoxicated (DWI); or

First conviction for driving under the influence of drugs (DUI); or

First conviction for excessive blood alcohol content (BAC)

12 Points

Second or subsequent conviction for DWI; or

Second or subsequent conviction for DUI; or

Second or subsequent conviction for BAC; or

Commercial motor vehicle .04% 2 points. 

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Suspension of Driving Privileges
for
Missouri DWI, BAC & DUI Convictions

A first-time DWI, DUI, 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.

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Revocation of Driving Privileges
for
Missouri DWI, BAC & DUI Convictions

Multiple Convictions

The license of a driver convicted of a second alcohol-related traffic offense, regardless of the length of time between convictions, will be revoked for one year. A driver convicted of driving while intoxicated (DWI) for the second time within a five-year period also is subject to a five-year license denial.

A ten-year license denial is imposed against any driver convicted three or more times for driving while intoxicated (DWI), excessive blood alcohol content (BAC) or a combination thereof. After ten years, the privilege to drive can be restored only by court order.

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Reinstatement of Missouri Driver License

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 only after the driver fulfils all reinstatement requirements and files proof of same and the appropriate license reinstatement fee with the Missouri Department of Revenue. If a driver does not fulfil the reinstatement requirements, the driver's privilege to driver in Missouri remains suspended or revoked.

Anyone suspended or revoked for points assessed as a result of an alcohol related traffic offense conviction must fulfil the following reinstatement requirements:

1.  Pay a $45 reinstatement fee.

2.  File and maintain proof of financial responsibility for two years from the suspension or revocation date.  (File an SR-22 proof of insurance with the Department of Revenue)

3.  Successfully complete a Substance Abuse Traffic Offender Program (SATOP). The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed.

(4.)  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.

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Missouri Statutes

Missouri Revised Statutes

Chapter 302
Drivers' and Commercial Drivers' Licenses

Section 302.302

Became Effective 9/30/05

Point system--assessment for violation--assessment of points stayed, when, procedure.

302.302. 1. The director of revenue shall put into effect a point system for the suspension and revocation of licenses. Points shall be assessed only after a conviction or forfeiture of collateral. The initial point value is as follows:

(1)	Any moving violation of a state law or county or municipal or federal traffic ordinance or regulation not listed in this section, other than a violation of vehicle equipment provisions or a court-ordered supervision as provided in section 302.303	2 points
	(except any violation of municipal stop sign ordinance where no accident is involved)	1 point
(2)	Speeding In violation of a state law	3 points
	In violation of a county or municipal ordinance	2 points
(3)	Leaving the scene of an accident in violation of section 577.060, RSMo	12 points
	In violation of any county or municipal ordinance	6 points
(4)	Careless and imprudent driving in violation of subsection 4 of section 304.016, RSMo	4 points
	In violation of a county or municipal ordinance	2 points
(5)	Operating without a valid license in violation of subdivision (1) or (2) of subsection 1 of section 302.020
	For the first conviction	2 points
	For the second conviction	4 points
	For the third conviction	6 points
(6)	Operating with a suspended or revoked license prior to restoration of operating privileges	12 points
(7)	Obtaining a license by misrepresentation	12 points
(8)	For the first conviction of driving while in an intoxicated condition or under the influence of controlled substances or drugs	8 points
(9)	) For the second or subsequent conviction of any of the following offenses however combined: driving while in an intoxicated condition, driving under the influence of controlled substances or drugs or driving with a blood alcohol content of eight-hundredths of one percent or more by weight	12 points
(10)	For the first conviction for driving with blood alcohol content eight-hundredths of one percent or more by weight In violation of state law	8 points
	In violation of a county or municipal ordinance or federal law or regulation	8 points
(11)	Any felony involving the use of a motor vehicle	12 points
(12)	Knowingly permitting unlicensed operator to operate a motor vehicle	4 points
(13)	For a conviction for failure to maintain financial responsibility pursuant to county or municipal ordinance or pursuant to section 303.025, RSMo	4 points

2. The director shall, as provided in subdivision (5) of subsection 1 of this section, assess an operator points for a conviction pursuant to subdivision (1) or (2) of subsection 1 of section 302.020, when the director issues such operator a license or permit pursuant to the provisions of sections 302.010 to 302.340.

3. An additional two points shall be assessed when personal injury or property damage results from any violation listed in subsection 1 of this section and if found to be warranted and certified by the reporting court.

4. When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1 of this section constitutes both a violation of a state law and a violation of a county or municipal ordinance, points may be assessed for either violation but not for both. Notwithstanding that an offense arising out of the same occurrence could be construed to be a violation of subdivisions (8), (9) and (10) of subsection 1 of this section, no person shall be tried or convicted for more than one offense pursuant to subdivisions (8), (9) and (10) of subsection 1 of this section for offenses arising out of the same occurrence.

5. The director of revenue shall put into effect a system for staying the assessment of points against an operator. The system shall provide that the satisfactory completion of a driver-improvement program or, in the case of violations committed while operating a motorcycle, a motorcycle-rider training course approved by the director of the department of public safety, by an operator, when so ordered and verified by any court having jurisdiction over any law of this state or county or municipal ordinance, regulating motor vehicles, other than a violation committed in a commercial motor vehicle as defined in section 302.700, shall be accepted by the director in lieu of the assessment of points for a violation pursuant to subdivision (1), (2) or (4) of subsection 1 of this section or pursuant to subsection 3 of this section. For the purposes of this subsection, the driver-improvement program shall meet or exceed the standards of the National Safety Council's eight-hour "Defensive Driving Course" or, in the case of a violation which occurred during the operation of a motorcycle, the program shall meet the standards established by the director of the department of public safety pursuant to sections 302.133 to 302.138. The completion of a driver-improvement program or a motorcycle-rider training course shall not be accepted in lieu of points more than one time in any thirty-six-month period and shall be completed within sixty days of the date of conviction in order to be accepted in lieu of the assessment of points. Every court having jurisdiction pursuant to the provisions of this subsection shall, within fifteen days after completion of the driver-improvement program or motorcycle-rider training course by an operator, forward a record of the completion to the director, all other provisions of the law to the contrary notwithstanding. The director shall establish procedures for record keeping and the administration of this subsection.

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Missouri Revised Statutes

Chapter 577
Public Safety Offenses
Section 577.010

Driving while intoxicated.

577.010. 1. A person commits the crime of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged condition.

2. Driving while intoxicated is for the first offense, a class B misdemeanor. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence for such offense, unless such person shall be placed on probation for a minimum of two years.

(L. 1977 S.B. 60, A.L. 1982 S.B. 513)
(1986) Probable cause that a person had been "driving" under these sections was found even though the machine stands motionless, where such person is found unconscious behind the wheel with the motor running and the transmission in "drive". Dalton v. McNeill, 713 S.W.2d 26 (Mo.App.W.D.).

(1996) It is not double jeopardy to be guilty of DWI in violation of this section and to suspend driving privileges pursuant to sections 302.500, et seq. State v. Mayo, 915 S.W.2d 758 (Mo.banc).

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Missouri Revised Statutes

Chapter 577
Public Safety Offenses
Section 577.012

Driving with excessive blood alcohol content.

577.012. 1. A person commits the crime of "driving with excessive blood alcohol content" if such person operates a motor vehicle in this state with eight-hundredths of one percent or more by weight of alcohol in such person's blood.

2. As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person's blood under this section, the test shall be conducted in accordance with the provisions of sections 577.020 to 577.041.

3. For the first offense, driving with excessive blood alcohol content is a class B misdemeanor.

(L. 1975 S.B. 32, A.L. 1982 S.B. 513, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38)
Effective 9-29-01

*Transferred 1978; formerly 564.439

(1986) Probable cause that a person had been "driving" under these sections was found even though the machine stands motionless, where such person is found unconscious behind the wheel with the motor running and the transmission in "drive". Dalton v. McNeill, 713 S.W.2d 26 (Mo.App.W.D.)

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Statutory References:

Missouri Point System RSMo § 302.302

Driving While Intoxicated RSMo § 577.010

Driving with Excessive Blood Content RSMo § 577.012

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