Missouri Hardship Licenses
Pursuant to §302.309 RSMo., the State of Missouri can issue hardship driver’s licenses, which confer limited driving privileges, for certain purposes. The Director of Revenue or the courts can issue hardship licenses when driving is required for employment or the operation of a business, medical treatment, education, attendance at a drug or alcohol treatment program, having an ignition interlock device installed, serviced, downloaded, or monitored, or another circumstance where it has been determined that the suspension of a license would result in an undue hardship on the driver.
You cans submit an application for a Missouri hardship license in your county of residence or in the county where your workplace or business is located. SR-22 insurance (financial responsibility) is required.
If you are convicted of a felony involving the use of a motor vehicle § 302.309 RSMo prohibits you from being issued a hardship license.
The issuance of a restricted license is considered discretionary relief, as the highest court in Missouri has ruled that driving is a personal privilege and not a right. Like Massachusetts courts, Missouri courts have held that the suspension of a driver’s license does not constitute punishment. Instead, it is a measure designed to insure public safety by removing dangerous drivers from the roads. Nevertheless, the denial of the privilege to drive can have a severe impact.
Missouri Breathalyzer Refusal Suspensions
If your refuse to submit to a breath test in after having been arrested for DUI, the Missouri Department of Revenue will suspend your license for one year. Unlike in Massachusetts, where breathalyzer refusal suspensions go into effect immediately at the time of the refusal, they do not go into effect for up to 15 days after a Missouri drunk driving arrest. By appealing the breathalyzer refusal suspension in the County Court which has jurisdiction over your DUI, you may be able to stay the imposition of the 1 year breathalyzer refusal suspension.