Under Missouri law, an individual who has had their driver’s license suspended, revoked or denied may be eligible for a limited driving privilege (LDP). This privilege is also known as a hardship license. An LDP allows a person to drive for employment and other important purposes, such as school. A person cannot get an LDP to drive a commercial vehicle.
Who Is Eligible for LDP?
A person who applies for an LDP in the state of Missouri must not be eligible for driver’s license reinstatement. Persons ineligible for an LDP include those:
- Eligible for reinstatement but who have not met reinstatement requirements.
- Convicted during the last five years of a felony involving a motor vehicle.
- With a suspension, revocation, cancellation or disqualification of commercial driving privileges. Only a non-commercial LDP may be issued in this case.
- With a revocation for failure to pass a driving or medical exam required by DOR.
- With a suspension for an unsatisfied motor vehicle accident judgment, until payment has been made and compliance has been met.
- With a suspension for failure to pay a ticket in Missouri or another state, until payment has been made and compliance has been met.
- With a suspension that resulted from a conviction for driving while intoxicated (DWI) or driving with an excessive BAC). These individuals may be eligible for a restricted driving privilege (RDP).
- With an administrative alcohol suspension received for driving a motor vehicle with a BAC over the legal limit. They may be eligible for a RDP.
- Who are not currently Missouri residents or do not work or attend school in Missouri.
Hardship License Application
A person should submit an application for LDP (Form 4595) to the DOR. This form requires them to provide their date of birth, Social Security number and reason for requesting driving privilege, such as a need to seek medical treatment.
The person must provide addresses for certain purposes. For example, they must provide the addresses of their child care provider and children’s schools if they need to drive children to these places.
The application will be reviewed within about five working days. The DOR sends the individual an order by mail granting or denying the LDP. The person must carry the original copy of the LDP notice when operating a motor vehicle.
If No Form SR-22 on File
A person who does not have an SR-22 form on file with DOR should have their insurer provide proof of this document. They may also submit a copy of a SR-22 form to DOR. A person who drops their SR-22 insurance coverage before the LDP expiration date will have their LDP canceled.
A person with an active 5- or 10-year denial on their driver record cannot apply to the Missouri Department of Revenue (DOR). They must petition the circuit court for an LDP. If the court grants the LDP, it will give the person an order granting LDP. This will be their driving document. The DOR must have a copy of the order on file.
Proof of Installation of Ignition Interlock Device
A person with more than one alcohol offense or an active chemical revocation on their driver record is also required to submit proof of installation of an Ignition Interlock Device (IID). The installer will notify the DOR when the installation is complete. The device must be certified by the Missouri Department of Transportation and installed on any vehicle the person operates.
A person with a five- or 10-year denial on their record must have an IID equipped with a camera. The court may also require the IID be equipped with GPS. The person must maintain the device for the duration of the LDP. A court may require the person install an IID even if they have only one alcohol offense.
Restricted Driving Privilege
A person convicted for DWI, or driving with a BAC of 0.08 percent or higher will see their driving privilege suspended or revoked. If they have no prior alcohol convictions, their driving privilege will be suspended for 30 days followed by a 60-day restricted driving privilege (RDP).
The person may be eligible for an immediate 90-day RDP if they install an approved IID. If the person’s driver record shows one or more prior alcohol convictions, their driving privilege will be revoked for one year. They will not be eligible for an RDP, but may be eligible for an LDP.
Eligibility for RDP
A person is eligible for an RDP after their first alcohol conviction. They have two options: immediate 90-day RDP with IID or a 30-day driver’s license suspension followed by a 60-day RDP.
A 90-day restriction is for the limited purpose of driving only in connection with employment, education, medical treatment, alcohol or drug treatment, ignition interlock provider, court obligations, religious services, child care, court-ordered visitation and custodial obligations, and fueling and grocery requirements.
Applying for 90-Day RDP
In order to get a 90-day RDP, the person must complete the request for an immediate 90-day restricted RDP within 15 days of the date they receive the notice of suspension or revocation of their driving privilege.
The request form is contained on the notice mailed to them, or they may complete Form 5489. They must also file proof of installation of an approved IID for any vehicle they operate as well as proof of insurance, an SR-22 form. Form 5489 requires the person to note their county and date of arrest.
Reinstatement of Missouri Driver's License
In order to reinstate a driving privilege after completing the suspension period, the individual must maintain installation of their IID during the restricted driving period without any violation. They must request the certification from their IID installer and should not remove the device until the installer has certified to the DOR that they are violation free.
A failure to obtain certification will result in a 30-day extension of their restriction driving privilege with the IID requirement or an additional 30-day suspension with no driving privileges. If a person chooses the 60-day restricted privilege, their limited purpose of driving must be in connection with employment, education, alcohol treatment or an IID provider.
To receive this privilege, the person must serve the 30-day suspension period, file an SR-22 form and file proof of an approved IID for any vehicle they operate if they have had a prior alcohol-related law enforcement contact.
- Missouri Department of Revenue: Limited Driving Privilege
- Missouri Department of Revenue: Application for Limited Driving Privilege
- Missouri Department of Revenue: Restricted Driving Privilege (RDP) – Points (Alcohol)
- Missouri Department of Revenue: Request for Immediate 90-Day Interlock Restricted Driving Privilege with Ignition Interlock Device
Jessica Zimmer is a journalist and attorney based in northern California. She has practiced in a wide variety of fields, including criminal defense, property law, immigration, employment law, and family law.