Missouri’s Abuse and Lose Law: What Every Parent Needs to Know

abuse and lose missouri


Underage Alcohol offenses are harshly penalized under Missouri’s Abuse and Lose law and can carry lasting consequences to youthful offenders. Missouri’s abuse and lose statute can result in the suspension or revocation of driving privileges for drivers under the age of 21 who are found guilty of driving while intoxicated, possession of 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 an abuse and lose offenses.

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 said offense was committed, was under twenty-one years of age:

  1. Any alcohol-related traffic offense in violation of state law, county, or municipal ordinance (This includes, but is not limited to driving while intoxicated)
  2. Operation  of a motor vehicle while in possession of drugs
  3. Operation of a motor vehicle while in possession of alcohol
  4. Any offense involving the possession of drugs
  5. Any offense involving the alteratgion, modification, or misrepresentation of a driver’s license
  6. Any offense involcing 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 seubsequent 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 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 suspesnion, you will have to 1) complete SATOP “substance abuse traffic offender program” 2) retake the driver exam and 3) pay the $40 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 reinstatement date. You must submit a written request to the department of revenue.

How a St. Louis DWI lawyer can help

In addition to losing your driving privilege, you may also faced increased insurance premiums for years based on abuse and lose suspension on your driving record. In many cases, it is possible to negotiate the offense down to avoid consequences to your driver’s license. If you or a loved one has been charged with an abuse and use related offense, please do not hesitate to contact our experienced St. Louis DWI lawyer today for a free consulation.

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