Tips for Drivers in A Missouri DUI/DWI Case Regarding Missouri Administrative Points Drivers' License Suspensions
April 20, 2021
When comparing driver's license point suspensions in a Missouri DUI / DWI case to driver's license revocations or denials, it is important to note that a driver may have their Missouri driving privilege simultaneously suspended for points while at the same time also having a license revocation for separate and different reasons.
Missouri Driver's License Suspension from The Accumulation of Points
Points against the driver's Missouri driving privilege only count when processed by the Director of Revenue, i.e., a driver's license suspension or revocation resulting from excess point accumulation will begin only after the Director of Revenue has received and processed the conviction.
If the driver's conviction in a Missouri DUI / DWI case is delayed in being submitted to the Director of Revenue, the driver is given credit for time for any safe driving reduction prior to calculation of the total point accumulation. See Jennings v. Director of Revenue, 986 S.W.2d 513 (Mo.App. 1999).
License Denial Actions Are Separate from Accumulation of Points Suspensions or Revocations
Missouri driver's license denials actions are separate from accumulation of points actions and only denial actions suspensions or revocations will begin running from the date of the driver's conviction in a Missouri DUI / DWI case.
If the driver gets two Missouri DUI / DWI convictions (BAC convictions do not count)) within five years of each other, the person will be denied a license for five years from the date of the second conviction.
If the driver gets three or more DUI / DWIs OR BAC convictions, the person will be denied a license for ten years from the date of the last conviction.
The only DWI / DUI convictions which count in this context are those convictions that are either state DWI convictions; state BAC convictions after July 1, 1992; or municipal DWI / BAC convictions with the judge/lawyer and counsel representation requirements that occurred after July 1, 1992.
Unlike license suspensions or revocations for the accumulation of points, driver's license denial actions do run from the date of conviction for a 5 or 10 year period regardless of the exact time when they are received by the Department of Revenue. RSMo. Section 302.060.
Usually a license suspension or revocation for the accumulation of points will almost always occur in conjunction with a license denial action.
There Are No Credits of Time from Denial Actions in A Missouri DUI / DWI Case Transferred to Any Separate Administative License Suspension / License Revocation for Refusal of A Chemical Test / or Other Suspension
The time periods imposed following a Missouri DUI / DWI conviction that result in a 5 or 10 year denial action are in RSMo. Section 302.060, and are mandated to run from the date of conviction.
The time periods imposed for an administrative license suspension action usually run from 15 days after the arrest date unless administrative/court review is requested.
There is no credit of time from a denial period under RSMo. Section 302.060(9) or (10) to an administrative alcohol action under RSMo. Section 302.525, or a chemical refusal action under RSMo. Section 577.041.
A Second DUI / DWI Conviction or Bac Conviction in Missouri Is Always Assessed 12 Points
Example: a driver who was convicted of DWI or BAC in the 1960s and does not receive another DWI or BAC conviction until 2004, will be assessed 12 points and a one-year revocation for this second DWI offense in 2004.
RSMo. Section 302.032 states that for the second or subsequent alcohol conviction, 12 points must be assessed upon receipt of the conviction.
There is no time limit for the second conviction. Ragland v. McNeil, 747 S.W.2d 701 (Mo.App. 1998).
10-Year License Reinstatement Petitions Are Not Always Filed in The County Where the Driver Resides
RSMo. Section 302.060(9) requires that the driver file the 10-year denial reinstatement petition in the county where the driver's last DUI / DWI, BAC conviction took place, not where the driver resides.
Once a Driver's License in Missouri Is Revoked, It Is Always Revoked until The Driver Gets Reinstated
If a driver is currently under a driver's license point revocation and receives another conviction during the time period of the first revocation for which points were assessed, he or she will receive another point revocation separate from the one he or she is already serving.
Example: if a driver who is currently revoked for one year becomes revoked for an accumulation of 12 points in 12 months, receives a state court speeding conviction 6 months into his or her initial revocation, he or she will be revoked for another year once the speeding conviction is received and 3 additional points are assessed.
This is because total points are only reduced at the time of reinstatement, pursuant to RSMo. Section 302.304.6, and the 3 points will add to the 12 active points already on the driver's record.
The point total simply continues to accumulate until reinstatement. RSMo. Section 302.302 mandates that a driver who receives 12 points in 12 months be revoked for one year; therefore, a second revocation is generated by the convictions. See Creech v. Director of Revenue, 886 S.W.2d 111 (Mo.App. 1994).