Underage alcohol offenses are severely penalized under Missouri’s Abuse and Lose statute, leading to lasting consequences for young offenders. The state’s abuse and lose statute can result in driver’s license suspensions or revocations for drivers under 21 found guilty of driving while intoxicated, possessing a controlled substance, and Minor in Possession of alcohol.
Our St. Louis DWI attorney has experience representing underage offenders and will fight to mitigate the consequences of abuse and lose offenses. We understand the impact this can have on a young person’s future and will work tirelessly to protect their rights.
Read on to learn more about Missouri’s abuse and lose law, its penalties, and what parents can do to help their children avoid these harsh consequences.
What Is the Legal Definition of “Abuse and Lose” in Missouri
Under RSMo Section 302.400, “upon a plea of guilty, conviction or finding of guilt, or, if the court is a juvenile court, upon a finding of fact that the offense was committed by a juvenile, enter an order suspending or revoking the driving privileges of any person determined to have committed one of the following offenses and who, at the time the said offense was committed, was under twenty-one years of age:
- Any alcohol-related traffic offense in violation of state law, county, or municipal ordinance (This includes but is not limited to, driving while intoxicated)
- Operation of a motor vehicle while in possession of drugs
- Operation of a motor vehicle while in possession of alcohol
- Any offense involving the possession of drugs
- Any offense involving the alteration, modification, or misrepresentation of a driver’s license
- Any offense involving the possession or use of alcohol for the second time
For a first offense, the period of suspension shall be for a period of 90 days. Any second or subsequent offense shall result in revocation for one year.
Can You Have Any Sort of Driving Privilege During an “Abuse and Lose” Suspension?
Yes. You may be eligible for a Limited Driving Privilege during the suspension. A limited driving privilege allows you to drive to and from work, school, medical appointments, and other necessary travel.
To apply for a limited driving privilege, you must submit a completed Application for Limited Driving Privilege (Form 4595) to the Department of Revenue. If you have more than one alcohol-related traffic offense, you may be required to install an ignition interlock device as a condition of your limited driving privilege.
If you are revoked as a result of a second offense, you will also be required to carry SR22 insurance, and your insurance company will need to file an SR22 form with the Department of Revenue. You will have to carry SR22 insurance for two years from the effective date of your revocation.
How Do You Get Your License Reinstated After an “Abuse and Lose” Suspension?
In order to get your license back after an abuse and lose suspension, you will have to:
- complete the SATOP “substance abuse traffic offender program,”
- retake the driver exam, and
- pay the $40 license reinstatement fee
As mentioned previously, if your license was revoked due to a second abuse and lose related offense, you will have to carry SR22 insurance for two years following the revocation. The abuse and lose action can be removed from your driving record 5 years after the driver’s license reinstatement date. You must submit a written request to the Department of Revenue.
How a St. Louis DWI Lawyer Can Help
A suspended driver’s license can have serious consequences on your daily life and employment opportunities. In addition to the legal consequences, a suspended license can also result in higher insurance rates and difficulty obtaining employment. This is why it is important to seek the help of a St. Louis DWI lawyer if you are facing an abuse and lose suspension.
A St. Louis DWI lawyer has extensive knowledge and experience with the laws and procedures surrounding abuse and lose suspensions in Missouri. They can help you understand your options and guide you through the process of reinstating your license.
One of the first steps a St. Louis DWI lawyer may recommend is completing the SATOP program, as required by Missouri law. This program aims to educate individuals about the dangers of drunk driving and substance abuse, while also providing resources for treatment if needed.
Your lawyer can also assist you in obtaining an SR-22 insurance form, which is necessary to reinstate your license. This form proves that you have the minimum required liability insurance coverage as mandated by the state. If you’ve gotten your driver’s license suspended due to a DWI, you will likely be required to have this form on file for a certain amount of time before your license can be reinstated.
Speaking with your lawyer at Law Offices of Brian J. Cooke will provide you with a clearer understanding of the potential consequences of a DWI conviction, which could include substantial fines, possible jail time, and the acquisition of a criminal record. These outcomes not only affect your immediate situation but can also have long-term implications on your employment opportunities, financial stability, and personal relationships.
Contact us today to schedule a free consultation with an experienced criminal defense attorney who will fight for your rights and work towards achieving the most favorable outcome for your case.
