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What is SR-22 Insurance?

SR-22 insurance is not insurance. SR-22 is the name of the form that you have to file with the Missouri Driver’s License Bureau to prove that your vehicle is covered by liability insurance.

Where to Get an SR-22 Form

You must obtain the SR-22 form from your insurance agent after you purchase liability insurance. Your insurance agent can file the form with the Missouri Driver’s License Bureau for you.

When is an SR-22 Required?

You must file an SR-22 form with the Missouri Driver’s License Bureau before you can get your license reinstated in the following situations in which your license was suspended or revoked:

    • DUI
    • Administrative alcohol suspension (if not a first-time offense)
    • Failure to submit to alcohol or drug test (for example: you refused to blow into breathalyzer)
    • Accident while driving uninsured vehicle resulting in court judgment against you
    • Accumulation of too many points on your driving record for non-alcohol-related moving violations

In addition, you must file an SR-22 before applying for a hardship license (Limited Driving Privilege).

How Long Do You Continue Filing an SR-22?

Missouri requires that you file an SR-22 with the Driver’s License Bureau for 2 years following a license suspension resulting from any of the violations listed above.

If your license was suspended under the Mandatory Insurance Law for failing to show proof of insurance or for using a fake insurance card, you must provide proof of liability insurance to the Driver’s License Bureau for 3 years starting on the date you were eligible to get your license reinstated. In these situations, you can provide proof of insurance to the Driver’s License Bureau using the SR-22 form, or by providing a copy of your current insurance card.

Click here for more information about license reinstatement requirements on the Missouri Driver’s License Bureau website.

To get your “No Insurance” traffic ticket dismissed or amended to a no-point violation, call St. Louis traffic law attorney Andrea Storey Rogers at (314) 724-5059 or email her at [email protected]

 

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Out-of-State DUI Convictions Do Affect Your License

What happens in Vegas doesn’t necessarily stay in Vegas.

If you are a Missouri resident and you are convicted of drunk driving out-of-state, or on federal property such as a U.S. military base, your DUI conviction will be reported back to your home state. Missouri will treat your out-of-state DUI conviction as if you received it in Missouri, and your license will be suspended.

What Happens If You Agree to a Breathalyzer Test For an Out-of-State DUI?

If you blow into the breathalyzer and are convicted of an out-of-state DUI, 8 points will be added to your Missouri driving record if this is your first DUI conviction. Missouri will suspend your driver’s license for 30 days, and you will have limited driving privileges for 60 days following the 30-day suspension. After you complete the SATOP (Substance Abuse Traffic Offender Program) class and file the SR-22 form proving that your vehicle is covered by liability insurance, you can apply for reinstatement of your full driving privileges.

What Happens If You Refuse to Blow For an Out-of-State DUI?

If you refuse to blow into the breathalyzer (it’s called a “chemical test refusal”) for an out-of-state DUI and you are convicted, the same requirements apply regarding license suspension, limited driving privileges, and reinstatement.

However, here’s the big difference:  If you refuse to blow for an out-of-state DUI, you will not be subjected to the usual 1-year revocation of your license, which is the standard penalty for anyone who refuses the breathalyzer test in Missouri.

Missouri will be notified of your out-of-state refusal to blow and it will keep that information on file. In the past, an out-of-state refusal would make you ineligible for a hardship license (Limited Driving Privilege) in Missouri, but that is no longer the case.

What’s the Punishment for Driving While Intoxicated in Missouri?

The maximum punishment for a first-time misdemeanor DUI conviction in Missouri is 6 months in jail and a $500 fine, plus 8 points added to your driving record. In addition, you will have to complete SATOP, file an SR-22 form showing proof of liability insurance for 2 years, and pay a fee to get your license reinstated.

Penalties For Drunk Driving in Other States

DUI penalties are different in each state. For information about penalties for DUIs in other states, click on this link to see state-by-state DUI penalties. This link will take you to the website of a New Jersey DUI attorney who has created an excellent online chart listing the consequences of a DUI conviction in each state.

On the DUI penalties chart, you can click on a drop-down list and choose the state in which you were charged with a DUI and the state in which you are licensed to drive, and the chart will show you the penalties for your out-of-state DUI conviction and how your home state will treat the out-of-state conviction. The chart also lists other important information, such as applicable state statutes and the requirements for license reinstatement (SATOP, reinstatement fee, SR-22 insurance filing).

DUI Convictions Stay on Your Record Forever

DUI convictions remain permanently on your criminal record and your Missouri driving record. In certain situations, a first-time misdemeanor DUI conviction can be expunged from your record. For more information, see my previous blog post about DUI expungement.

Hire a DUI Lawyer in the State Where You Where Charged

If you want to avoid a DUI conviction, hire an experienced DUI lawyer who is licensed in the state where you received the DUI. It’s best to hire someone who regularly practices in the city or county where you were charged.

For a free consultation and price quote for legal representation for your traffic ticket or other criminal charge, call St. Louis traffic law attorney Andrea Storey Rogers at (314) 724-5059 or email her at [email protected]

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How to Get a First-Time DUI Conviction Expunged in Missouri

You can get a first-time misdemeanor DUI conviction expunged from your criminal record in Missouri if 10 years have passed since your conviction date with no other alcohol-related driving convictions or alcohol-related enforcement contacts/actions during that time.

Expungement is not possible for felony DUIs or for anyone convicted of driving a commercial motor vehicle while under the influence of alcohol.

Expungement is also not possible if you have already had a DUI expunged before.

What Does Expungement Mean?

Expungement is the removal of all court records of your arrest, plea, trial, or conviction. The only types of alcohol-related convictions that are eligible for expungement in Missouri are first-time DUI/DWI (Driving While Intoxicated) or MIP (Minor in Possession) convictions.

The Missouri DUI expungement law is RSMo 577.054. This law allows anyone who pleaded guilty to, or was convicted of, a first-time misdemeanor DUI to apply to have the court expunge the DUI charge 10 years after the conviction date, as long as the individual has had no other alcohol-related driving convictions, “alcohol-related enforcement contacts,” or any pending “alcohol-related enforcement actions” within the 10-year period since the conviction.

An “alcohol-related enforcement contact” includes DUI/DWI, DUID (Driving Under the Influence of Drugs), or Excessive BAC (Blood Alcohol Content).

Do You Have to Hire a Lawyer to Get a DUI Conviction Expunged?

You have the right to represent yourself in court, so you don’t have to hire a lawyer to request the expungement of your DUI conviction.

If you decide to represent yourself, you must file a petition for expungement in the court where you pleaded guilty or were convicted. Then you will have to attend a hearing before a judge. The City (or State, if your case is in Circuit Court) will be represented by the prosecuting attorney, who may present evidence against you if the City or State opposes your petition for expungement.

At the hearing, you will have to prove to the judge that you meet the requirements for expungement according to the statute. If you are successful, the court will enter an order of expungement, and all records of your DUI arrest, plea, trial, or conviction will be deleted from the court records.

How to Get a First-Time Misdemeanor DUI Conviction Expunged From Your Driving Record

If the judge agrees to expunge your first-time misdemeanor DUI conviction from your criminal record, you can then send proof to the Missouri Department of Revenue (Driver’s License Bureau) and request that they expunge your first-time misdemeanor DUI conviction from your driving record.

For a free consultation and price quote for legal representation for your traffic ticket or other criminal charge, call St. Louis traffic law attorney Andrea Storey Rogers at (314) 724-5059 or email her at [email protected]

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Some Drug and Alcohol Convictions Stay on Your Missouri Driving Record Forever

The following drug & alcohol-related convictions stay on your Missouri driving record forever:

    • DUI/DWI (Driving While Intoxicated)
    • DUID (Driving Under the Influence of Drugs)
    • Excessive BAC (Blood Alcohol Content)

Please Note:  It is possible to get a first-time DUI conviction expunged after 10 years of good behavior. (See below for further information regarding expungement of a first-time DUI.)

Types of Convictions That Stay on Your Missouri Driving Record Forever

In a previous blog post about convictions that stay on your driving record forever, I listed the types of convictions that remain permanently on your Missouri driving record. In addition to DUI, DUID, and Excessive BAC, the following convictions stay on your Missouri driving record forever and are not eligible for removal:

    • No Insurance
    • No Driver’s License (state, not municipal)
    • Vehicular Manslaughter
    • Driving While Suspended or Revoked
    • Leaving the Scene of an Accident (state, not municipal)
    • Any Felony

What is Expungement?

Expungement is the removal or deletion of all court records of your arrest, plea, trial or conviction. The only types of alcohol-related convictions that are eligible for expungement in Missouri are first-time DUI or MIP convictions. The option of expungement is not available for felony DUIs or for anyone convicted of driving a commercial motor vehicle while under the influence of alcohol.

How to Get a First-Time DUI Conviction Expunged

Missouri law allows anyone who pleaded guilty to, or was convicted of, a first-time misdemeanor DUI to apply to have the court expunge (remove or delete) the DUI charge 10 years after the offense occurred, as long as the individual has had no other alcohol-related driving convictions, “alcohol-related enforcement contacts,” or any pending “alcohol-related enforcement actions” within the 10-year period since the conviction. See Missouri statute RSMo 302.525.3 for an explanation of what is an alcohol-related law enforcement contact.

If a judge finds that you meet these requirements, then the court will enter an order of expungement, and all records of your DUI arrest, plea, trial, or conviction will be deleted.

How to Get an MIP Conviction Expunged

For a first-time MIP conviction to be expunged, you must show that you have had no other alcohol-related convictions or “alcohol-related enforcement contacts” since the original MIP conviction, and that you are applying for expungement at least 1 year after the original conviction date, or after you have reached age 21.

Marijuana and Drug Paraphernalia Convictions Stay on Your Criminal Record Forever and Can Not be Expunged

If a police officer pulls you over for a traffic stop and charges you with possession of drugs (marijuana) or drug paraphernalia (such as a pipe) and you are convicted of those charges, no points will be added to your Missouri driving record for that conviction. However, a conviction for possession of drugs or drug paraphernalia will remain on your criminal record forever.

An Attorney May be Able to Get Your Drug Possession Charges Reduced to a Lesser Offense

When facing a misdemeanor charge of possession of drugs or drug paraphernalia, you can hire an attorney to negotiate a plea bargain with the court to get your drug charges dismissed or reduced to a lesser offense, so they won’t show up on your permanent criminal record. Keep in mind that your chances of success are not as good if you have multiple prior drug-related convictions on your record.

The outcome of your case depends on which court your case is being prosecuted in, your criminal history, and the details of your specific case.

While expungement is an option for some first-time DWI or MIP convictions, drug-related convictions can never be expunged from your Missouri criminal record.

The Court May Order You to Attend “ADEP” or “SATOP” Class

If your attorney is able to get your drug possession charges reduced to a lesser offense, you will have to pay a fine and court costs, and you may also be required to take a court-ordered class, such as “ADEP” (Alcohol and Drug Education Program) or “SATOP” (Substance Abuse Traffic Offender Program).

Depending on the facts of your case, you may be offered an “SIS” (Suspended Imposition of Sentence) and 1 or 2 years of unsupervised probation. With an “SIS,” no conviction is entered on your permanent record if you successfully complete your period of probation without any further convictions.

If You Have Already Pleaded Guilty to Drug Possession Charges, an Attorney May be Able to Withdraw Your Guilty Plea

If you have already pleaded guilty to drug charges, it may be possible for an attorney to withdraw your guilty plea and negotiate a plea bargain with the court to have your drug charges reduced to a lesser offense.

However, if too much time has passed since your guilty plea, or if you were originally represented by an attorney when you pleaded guilty, the court may not allow the withdrawal. For more information, go to the Withdrawal of Guilty Plea page on my website.

If you have been charged with possession of marijuana or drug paraphernalia and would like a price quote for legal representation, contact St. Louis traffic law attorney Andrea Storey Rogers at (314) 724-5059 or email her at [email protected]

[This post was updated on November 11, 2013.]

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“Driving While Suspended” Traffic Ticket Stays on Missouri Driving Record Permanently

Some traffic tickets stay on your Missouri driving record forever, such as: “Driving While Suspended”, DWI (Driving While Intoxicated), DUID (Driving Under the Influence of Drugs), Excessive BAC (blood alcohol content), “No Insurance,” “No Driver’s License” (state, not municipal),  “Leaving the Scene of an Accident” (state, not municipal), vehicular manslaughter, any felony, and any conviction involving a drug- or alcohol-related driving offense or enforcement contact.

In Missouri, some first-time DWI and MIP convictions are eligible for expungement (removal or deletion) from your permanent record. See my blog post for more information about expungement of these types of convictions.

A “Driving While Suspended” Traffic Ticket Will Never Qualify to be Removed from Your Missouri Driving Record

Once a year, the Missouri Department of Revenue removes certain types of tickets from its database of driving records. A speeding ticket or other traffic violation can be removed from your Missouri driving record if 1) it was issued for a minor offense, 2) it is more than 3 years old, and 3) it did not cause a suspension or revocation of your driver’s license.  Convictions that stay on your driving record permanently (for “Driving While Suspended,” DWI, DUID, etc.) are not eligible for removal.

What Kinds of Traffic Tickets Are Considered “Minor Offenses” and Qualify to be Removed From Your Missouri Driving Record?

The state of Missouri considers the following to be “minor offenses” and are eligible to be deleted from your driving record: speeding tickets, stop sign violations, “Failure to Signal,” “Failure to Yield,” and “Careless & Imprudent Driving.” These types of tickets will be removed from driving records during the Missouri Department of Revenue’s annual purging of old tickets from its driving record files.

Unfortunately, the Missouri Department of Revenue’s annual housecleaning of its files does not catch all traffic tickets that are eligible to be deleted. See my previous blog post titled “Speeding Ticket Points Stay on Your Missouri Driving Record for Only 18 Months” to find out how to determine if you have old speeding tickets or other traffic violations that are eligible to be deleted from your driving record and how to request that those old tickets be removed.

What Should You Do if You Get a “Driving While Suspended” Traffic Ticket in Missouri?

Don’t ignore a “Driving While Suspended” ticket, mistakenly thinking that it’s just another speeding ticket. As noted previously, a conviction for “Driving While Suspended” stays on your Missouri driving record forever, and any insurance agent who reviews your driving record  prior to giving you a price quote for car insurance will be able to see it.

If you want to avoid a conviction for “Driving While Suspended,” you can hire a traffic law attorney to negotiate a plea bargain with the prosecuting attorney to get the ticket amended to a non-moving, no-point violation. Your lawyer will need to show proof to the Court that your driver’s license has been reinstated before the prosecuting attorney can recommend any type of reduction or amendment of the charge.

If you have multiple “Driving While Suspended” convictions on your driving record, you have less of a chance that a court will agree to amend or reduce your current “Driving While Suspended” charge.

12 Points Are Added to Your Missouri Driving Record for a “Driving While Suspended” Conviction and Your Driver’s License Will be Revoked for 1 Year

If you decide to not hire an attorney to negotiate a plea bargain with the Court and, instead, you decide to just pay the fine for the “Driving While Suspended” ticket, then a conviction for “Driving While Suspended” will be added to your driving record. That conviction will cause 12 points to be added to your driving record. In Missouri, if you accumulate 12 points on your driving record within 12 months, your driver’s license will be revoked for 1 year.

How To Get Your Missouri Driver’s License Reinstated

To find out how to get your driver’s license reinstated, call the Missouri Department of Revenue at (573) 526-2407 ext. 1 or go to this page of the Missouri Department of Revenue web site for information about what is required to get your driver’s license reinstated.

The Requirements for License Reinstatement Vary, Depending on the Reason for the Suspension or Revocation

The requirements for getting your license reinstated depend on the reason your license was suspended or revoked in the first place. For example, if your license was suspended because you refused to take a breathalyzer test during a DWI traffic stop, then you will have to complete a SATOP (Substance Abuse Traffic Offenders Program) class before you can get your driver’s license reinstated.

If your license was suspended because of unpaid speeding tickets, you will have to pay the fines for those tickets and obtain compliance letters from each court to show proof of payment before your license will be reinstated. If you have already pleaded guilty to the traffic violations but your guilty plea was fairly recent, it is possible that a lawyer can withdraw your guilty plea and negotiate a plea bargain with the Court to get the traffic ticket amended to a non-moving, no-point infraction. You will still have to pay fines and court costs, and compliance letters will be required before your license will be reinstated.

You may have to provide proof that you have purchased liability insurance coverage for your car before your driver’s license is reinstated. There is a form called SR-22 that must be filed with the Driver License Bureau in Jefferson City, Missouri to prove that you have met this requirement. Your insurance agent can file the form for you after you purchase the insurance.

Regardless of the reason for your driver’s license suspension or revocation, you will also have to pay a small fee (either $20 or $45), in addition to any fines or court costs that you owe, in order to get your driver’s license reinstated. The amount of the reinstatement fee varies depending on the reason for the suspension or revocation.

For more information about Missouri traffic law, go to my Traffic Law Resources page for links to information regarding Missouri speeding tickets, points, courts, Missouri driver’s licenses, and other traffic-related issues.