How to Get Your Driver’s License Back After a 5-Year Denial
In Kansas City, being convicted of too many alcohol-related driving offenses in a particular period of time can result in a five-year or 10-year denial of your driver’s license and driving privileges. Missouri takes driving while intoxicated (DWI) and driving under the influence of alcohol and drugs extremely seriously, and drivers may need to file a claim against the Missouri Department of Revenue in order to be eligible to have their driver’s licenses reissued.
When you are trying to get your driver’s license back after a five-year denial, it is important to seek advice from a Kansas City traffic defense lawyer who has experience handling these types of cases. You do not want to make a mistake because you are handling the case on your own, especially when an unknowing mistake could cost you the ability to get your driving privileges reinstated.
Circumstances for a Five-Year License Denial in Kansas City, Missouri
When are you at risk of a five-year denial? Under Missouri law, a first-time DWI conviction will not result in a five-year license denial. However, even a second offense can sometimes trigger a five-year denial. If you are convicted of a second DWI within five years from the date of the first DWI, or if you are convicted of another type of alcohol-related or drug-related offense within five years of the date of your first DWI conviction, you can receive a five-year denial. You should keep in mind the five-year denial is one of several penalties that can accompany a second DWI or alcohol-related offense.
Subsequent offenses will result in additional penalties, and can include a 10-year license denial.
Getting Your Driving Privileges Back After a Five-Year License Denial
What do you need to do to have your driving privileges reinstated and to get your driver’s license back after a five-year denial? The Missouri Department of Revenue explains that you must do the following:
- Serve the five-year denial period;
- Obtain an order of reinstatement (you must get this from the circuit court in the county where your last DWI or other alcohol-related conviction occurred);
- Register with the Missouri Automated Criminal History Site (MACHS) to have a Criminal History Check; and
- File proof that you have installed an Ignition Interlock Device that has been equipped with a camera (and sometimes an IID equipped with a GPS is also required).
To obtain the order of reinstatement, you must petition the circuit court in the county where your last DWI conviction or other related offense occurred that resulted in the five-year denial. When you petition the court, this means you will be filing a claim in the court and will need to have your case heard by a judge. In order to receive the reinstatement, you will also need to pass the criminal history check.
Seek Advice From a Traffic Defense Lawyer in Kansas City
Given the importance of having your license reinstated, you should discuss your case with a Kansas City traffic lawyer who can help with your petition for reinstatement and can represent you in court. The process of petitioning the court can be complicated and anxiety-inducing, but a traffic lawyer can assist you. Contact Aimee the Attorney to learn more.