Limited Driving Privileges with a DWI/DUI
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This content has been written and edited by professional legal writers and individually reviewed and verified by Christopher Combs and Steven Waterkotte, attorneys who have over 40 combined years in the criminal defense industry.
Limited Driving Privileges With a DWI/DUI in St. Louis:
Protecting Your Rights
As leading Limited Driving Privilege (LDP) attorneys in the Greater St. Louis, MO, area, Combs Waterkotte is here to protect your rights and provide legal representation. With hundreds of reviews, our team can help you get your life back on track.
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What Are Limited Driving Privileges in Missouri?
Limited driving privileges (LDP) in Missouri allow low-risk or first-time offenders to regain some freedom to drive, typically for essential purposes like work, medical appointments, or court obligations. According to Missouri statute 302.309 RSMo, eligible individuals may petition for an LDP, often following an administrative hearing. Having an experienced DWI/DUI defense attorney can significantly improve your chances of securing an LDP. Contact the Combs Waterkotte team today to learn more about how we can assist you.
You don't have to go through this alone. Contact one of our lawyers today at (314) 900-HELP to protect your future.
Why Would You Get Limited Driving Privileges in St. Louis?
Limited driving privileges allow individuals with a revoked or suspended license to drive under specific circumstances. If, for example, you use implied consent refusal after being pulled over, your license can be revoked. LDP allows you to petition for limited privileges. Usually, reasons for getting LDP include:
- Going to Work: Employment is one of the most prominent reasons you'd be granted an LDP. This primarily driving as part of your job (driving for a ride-share company, commuting to and from work, driving a company vehicle, etc.), and maintaining gainful employment while your license is suspended.
- Education: If you are enrolled in any sort of class or need to shuttle any dependants to and from school, LDPs allow you to attend school-related activities.
- Medical Appointments: Necessary medical treatments for you or any dependants. This includes therapy, regular doctor's visits, picking up a prescription, or other medical situations where an LDP is required.
- Court-Ordered obligations: There may be times when you're required to go to court or attend a court-ordered program. This could be an Alcoholic Anonymous meeting, community service, therapy, or other court ordered activities.
- Family Responsibilities: Taking your kids to school, daycare, soccer practice, or driving a family member may also be allowed with an LDP.
- Essential Activities: Buying groceries, going to church, getting a tire changed, and other activities deemed essential are included under a limited license based on various conditions.
An important note about LDPs is that they usually do not permit recreational activities. Going to the gym, driving to the beach for a vacation, or cruising could violate and complicate whatever traffic or DWI/DUI case you may be facing. It may be more difficult to get an LDP if you have prior DWI/DUI convictions or utilized the aforementioned implied consent refusal right multiple times.
Do I Need a Missouri DWI/DUI Lawyer to Get an LDP?
While you can apply for an LDP in Missouri without a defense attorney or any legal help, experienced representation can make a huge difference in the process. You will have to submit an application to the Missouri Department of Revenue or file a petition with whichever circuit court applies to where you live or work. You may also be required to use an ignition interlock device (IID). These require you to blow to test alcohol levels for your car to start. For more information about whether to blow or not to blow, check out our free ebook.
An experienced DWI/DUI lawyer in St. Louis can:
- Help You Through the Process: LDPs involve specific forms, deadlines, and other criteria that can be overwhelming. Submitting the proper paperwork is paramount for getting an LDP.
- Advocating for Your Case: You'll want a lawyer by your side if there are potential criminal charges or if you refused a chemical test. An LDP may be out of the question if you've had multiple incidents.
- Preventing Additional Consequences: If the application process is mishandled or you are denied, you could face complications. A DWI/DUI attorney will make sure the paperwork is done right the first time.
- Finalizing Needs vs. Wants: It's important to tailor your LDP to your needs. Do you need to drop the kids off, travel for work, go to a medical appointment, take someone else to an appointment? It's important to cover your essential travel needs.
An LDP is almost impossible to get without requesting an administrative hearing after your license has been revoked. After an initial arrest and the failure to request an administrative hearing, you may be up against:
- Automatic Suspension or Revocation of Your License
- Impact on Work and Day-to-Day Life
- Increased Penalties if Convicted
- Items Added to Your Permanent Record
- Insurance Rate Spikes
Our team at Combs Waterkotte is here to help you navigate these situations. We offer free consultations and can be contacted online or call direct at (314) 900-HELP.
DWI/DUI Attorneys in Missouri
Our firm offers complete transparency at no cost. It's our mission to help you out of these overwhelming situations. For more information, browse the links below:
- DWI Diversion
- DWI Breath and Blood Tests
- DWI Field Sobriety Tests
- Limited Driving Privileges With a DWI
- DWI License Restoration
- Hit and Run DWI
- Felony DWI
- CDL DWIs
- DWI First Offense
- DWI Second Offense
- DWI Accidents
- DWI With Drugs
- DWI With Marijuana
Whether you've been charged or convicted of multiple DWI/DUIs, have a mountain of speeding and parking tickets, or were involved in a collision, we are here to hear you out and help.
Why Would Your License Be Suspended in Missouri?
You are allowed by right to refuse a blood or chemical test for alcohol content. After your arrest, this could lead to a license suspension and forced testing (with a warrant) if you’re taken in. The main reasons why drivers in Missouri might get their licenses suspended include:
- DWI/DUI Offenses
- Implied Consent Refusal
- Excessive Traffic Violations
- Driving Without Insurance
Process For Getting LDP After an Administrative Hearing in Missouri
Getting an LDP in Missouri involves a few steps our St. Louis-based DWI/DUI lawyers can help with. Primarily, the most important part is to schedule and attend an administrative hearing within 15 days to get your license back. See below for more details:
- You or your defense lawyer will need to contact the Administrative Hearing Commission and schedule a time to appear. How the administrative hearing goes depends on if you were pulled over for probable cause, were speeding or endangering others, or refused a chemical test.
- You can then request limited driving privileges by petitioning the Missouri Department of Revenue or in court. Your license is confiscated already and you may have to wait before you’re eligible to apply for LDP.
- There are several forms you’ll have to file (4595 or 2385). The court may have ordered you to enroll in Substance Awareness Traffic Offender Program (SATOP).
- In certain circumstances, you may receive an LDP for work, school, medical purposes, and other reasons that require mobility.
- Once the petition for an LDP is filed, the DOR reviews the application. Restrictions are outlined based on specific conditions (times of day you can drive, if you go places that aren’t preapproved, etc.).
- You may have an ignition interlock device installed based on the circumstances.
After 90 days or whenever the set day is met and you followed these rules, you can apply to reinstate full driving privilages as long as you have the SR-22 insurance form filled out. It can take up to a week to receive your LDP from the Missouri Missouri Department of Revenue. File your SR-22, complete SATOP if required, and pay your court fees–this is the best way to regain control of your license.
When Can I Get My State Driver’s License Back?
In Missouri, you will receive a 90-day suspension for a first-offense DWI but are eligible for LDP for the last 60. A second offense within five years may result in a six-month revocation and an IID in order to operate your vehicle safely. A third offense can cause your license to be revoked for ten years and may result in prison time.
What Are Restricted Driving Privileges in St. Louis, MO?
Restricted Driving Privileges (RDPs) are a more serious matter. If you are stopped, arrested, or pulled over and have a questionable record, you can have your license suspended or revoked for up to five years.
RDPs are only for drivers that have had alcohol-related driving events in the past five years. For a 2nd offense, suspension can last up to a full year but you are eligible for an RDP after 90 days. If you have a 3rd offense, you can apply for an RDP after three years. A fourth or any subsequent offenses can lead to a 10-year suspension and a five-year waiting period until you’re able to get an RDP or, for chronic offenders, 10 years can turn into a lifetime license revocation. RDPs have stricter conditions set for people who have already have their licenses revoked.
How Can Combs Waterkotte Help With Limited Driving Privileges?
Our firm can help prevent license suspension. Depending on the specifics of your case, we will do what we can to help you retain full or limited driving privileges as soon as possible. If you’re convicted in your criminal case, we can also assist you with obtaining limited driving privileges after the initial 30 days to get back to work, school, or make medical-related appointments.
You can contact our team now to learn more about limited driving privileges in Missouri and give us a call at (314) 900-HELP.
Helpful Links
For more information on DWI/DUI defense in St. Louis or anywhere else in Missouri, call the Combs Waterkotte criminal defense attorneys right away at (314) 900-HELP or contact us online for a confidential consultation.
- Can You Drive After Being Charged With a DWI/DUI?
- Don’t “Blow” Your DWI/DUI Case: Key Mistakes to Avoid
- What Is an Administrative Alcohol Suspension, and How Can I Fight It?
- What Defense Strategies are Effective in DWI/DUI Cases?
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