If your Missouri driving privilege is suspended, revoked, or denied and is not currently eligible for reinstatement—but you need to drive for employment, medical treatment, school, alcohol or drug treatment, or other important matters—you may be eligible for a Limited Driving Privilege (LDP). Some people refer to this as a “hardship license”. See here and here

The LDP, if granted, will allow you to drive a motor vehicle (but not a commercial vehicle).  in certain pre-approved situations. However, if you have specific types of convictions or administrative actions on your driver record, you may not be eligible to receive an LDP. 

Step 1 – Figure out the status of your “driving privilege”  — 

     I represent clients facing criminal charges when they charged with “driving while revoked or suspended” which can, under Missouri law (RSMo 302.321) be charged at various levels — from a D Misdemeanor (for a first offense) up to a E Felony (for “on the second or subsequent conviction pursuant to section 577.010 [DWI] or a fourth or subsequent conviction for any other offense”).  The punishment range from a D Misdemeanor (fines up to $500) to an E Felony (1 to 4 years in DOC + fines up to $10,000 or a special term not to exceed one year in the county jail).

Knowing the status of your license is critical; and it can be free and done by phone 24 hours a day, 7 days a week.*

Click here for instructions how to get this information.

---

Step 2 – Don’t Panic

  If you learned the “status of your driving privilege” and it states you are not eligible to get it reinstated until some future date (or no date for that matter), you may still be eligible to get what is called a “limited driving privilege” (LDP) (of if you had a recent DWI you can apply to get “restricted driving privilege” (RDP).  Getting either of these will prevent you from digging a deeper hole by driving and getting caught again (remember each time you get charged with “driving while suspended or revoked” the criminal charges and punishment can increase). 

Step 3 (below) is either: 

3A) Getting your license reinstated; or 

3B) Getting a LDP/hardship license.

---

---

Step 3B – If you are not eligible or can’t obtain a reinstatement (e.g., you might be eligible to get it reinstated but given your child support arrears you are not able to get it reinstated), getting a LDP (or “hardship license”) 

    With a few exceptions (see below), to get an LDP (e.g., to driving to work, school, etc.), you would do the following:

• You must submit a completed Application for Limited Driving Privilege (Form 4595) (instructions on form) to the Missouri Department of Revenue (DOR);
• If you do not already have an SR-22 form on file with DOR, you will need to have your insurance company provide such proof, or you may submit a copy of the form with your application; and

Click here for a post on the SR-22 requirement.

NOTE: If you have more than one alcohol offense or you have an active Chemical Revocation on your driver record, you must also submit proof of installation of an Ignition Interlock Device (IID).

• Your application will be reviewed within approximately five working days and an order granting or denying an LDP will be sent to you by mail. If you have questions about the LDP application process, please call 573-526-2407, or email dlbmail@dor.mo.gov.

The approval for most people will be by DOR, not a court.

*Exceptions (what would make someone ineligible for a LDP) –

NOTE: If you have an active 5- or 10-year Denial on your driver record [for example, something repeat DWI offenders might have], you cannot submit an application to the Department of Revenue. Instead, you must petition the circuit court for an LDP. If this is your situation, I advise you to seek he assistance of an attorney, although it is not required.

Under Missouri law, the reasons you cannot get an LDP include, but are not limited to:

1. Your Missouri driving privilege is eligible for reinstatement but not all of the reinstatement requirements have been met.
2. You have been convicted, during the last five years, of a felony involving a motor vehicle.
3. You have a suspension, revocation, cancellation, or disqualification of commercial driving privileges (NOTE: Only a non-commercial LDP may be issued in this case).
4. You have a revocation for failure to pass a driving or medical examination as required by the Director of Revenue.
5. You have a suspension for an unsatisfied motor vehicle accident judgment (until payment has been made and compliance has been met).
6. You have a suspension for failure to pay a ticket in Missouri or another state (until payment has been made and compliance has been met).
7. You have a suspension that resulted from a conviction for driving while intoxicated (DWI) or driving with an excessive blood alcohol concentration (BAC). You may be eligible for a Restricted Driving Privilege (RDP).
8. You have an Administrative Alcohol Suspension (for driving a motor vehicle with a BAC over the legal limit). You may be eligible for a Restricted Driving Privilege (RDP).
9. You are not currently a Missouri resident, or (if a resident of another state) you do not work or attend school in Missouri.

For DOR’s full website discussion see > https://dor.mo.gov/driver-license/revocation-reinstatement/ldp.html 

“Restricted Driving Privilege” – Points (Alcohol)

If you have a DWI and your license is suspended you may apply for a RDP.

An RDP will allow you to drive again under the condition that you have an ignition interlock device (IID) installed on your car for up to 90 days. An IID will prevent your vehicle from starting unless it can detect from your breath sample that you have a low enough breath alcohol level.

If the IID period ends without incident, you can apply for full license reinstatement after fulfilling requirements such as paying a fee, carrying proof of SR-22 insurance, and completing a substance abuse program.

This process is a bit more complex to summarize here, but see the DOR webstite at > https://dor.mo.gov/driver-license/revocation-reinstatement/rdp-points-alcohol.html