If you are arrested for driving under the influence of alcohol and it is your first DUI offense within five years, you will receive an immediate administrative suspension of your driver’s license.
The administrative suspension will last for 90 days. During this time, you cannot drive.
This can make life very difficult. How will you get to work? How will you get your kids to school? Not driving can cause a negative ripple effect on your entire life.
But you may be able to pursue a restricted driving privilege during your 90-day administrative suspension. The restricted driving privilege will allow you to drive to work, school, medical appointments, court, religious services, to grocery stores and to get gas.
How do I obtain a restricted driving privilege?
There are two types of restricted driving privileges: an immediate 90-day restricted driving privilege and a 60-day restricted driving privilege.
To receive an immediate 90-day restricted driving privilege, you will submit the appropriate court forms within 15 days of your receipt of your notice of suspension. You will install an ignition interlock device on all vehicles you drive. Finally, you will file proof of insurance.
The 90-day restricted driving privilege allows you to begin driving as soon as all requirements are met. To reinstate full driving privileges after the 90 days are up, you cannot have any violations recorded on your ignition interlock device.
To receive a 60-day restricted driving privilege, you will first serve your 30-day administrative suspension. During this time, you cannot drive.
After that, you will file proof of insurance. If you have any prior DUI offenses more than five years old, you will also have to install an ignition interlock device on all vehicles you drive.
Administrative suspension versus criminal suspension
Note that the 90-day suspension is administrative. It applies because you were arrested for DUI, and it is controlled by the Missouri Department of Revenue.
This is separate from and in addition to any criminal license suspensions you may receive if you are ultimately convicted of DUI. Those are criminal penalties under the jurisdiction of the Missouri court system.
Still, it is good to know that while your case is pending, you may still be able to drive. Knowing your rights is the first step to take to protect them.