Suspension or revocation, when effective, duration--restricted drivingprivilege--effect of suspension or revocation by court on chargesarising out of same occurrence--revocation due to alcohol-relatedoffenses, requirements.
302.525. 1. The license suspension or revocation shall becomeeffective fifteen days after the subject person has received the notice ofsuspension or revocation as provided in section 302.520, or is deemed tohave received the notice of suspension or revocation by mail as provided insection 302.515. If a request for a hearing is received by or postmarkedto the department within that fifteen-day period, the effective date of thesuspension or revocation shall be stayed until a final order is issuedfollowing the hearing; provided, that any delay in the hearing which iscaused or requested by the subject person or counsel representing thatperson without good cause shown shall not result in a stay of thesuspension or revocation during the period of delay.
2. The period of license suspension or revocation under this sectionshall be as follows:
(1) If the person's driving record shows no prior alcohol-relatedenforcement contacts during the immediately preceding five years, theperiod of suspension shall be thirty days after the effective date ofsuspension, followed by a sixty-day period of restricted driving privilegeas defined in section 302.010 and issued by the director of revenue. Therestricted driving privilege shall not be issued until he or she has filedproof of financial responsibility with the department of revenue, inaccordance with chapter 303, RSMo, and is otherwise eligible. In no caseshall restricted driving privileges be issued pursuant to this section orsection 302.535 until the person has completed the first thirty days of asuspension under this section;
(2) The period of revocation shall be one year if the person'sdriving record shows one or more prior alcohol-related enforcement contactsduring the immediately preceding five years;
(3) In no case shall restricted driving privileges be issued underthis section to any person whose driving record shows one or more prioralcohol-related enforcement contacts until the person has completed thefirst thirty days of a suspension under this section and has filed proofwith the department of revenue that any motor vehicle operated by theperson is equipped with a functioning, certified ignition interlock deviceas a required condition of the restricted driving privilege. If the personfails to maintain such proof the restricted driving privilege shall beterminated.
3. For purposes of this section, "alcohol-related enforcementcontacts" shall include any suspension or revocation under sections 302.500to 302.540, any suspension or revocation entered in this or any other statefor a refusal to submit to chemical testing under an implied consent law,and any conviction in this or any other state for a violation whichinvolves driving while intoxicated, driving while under the influence ofdrugs or alcohol, or driving a vehicle while having an unlawful alcoholconcentration.
4. Where a license is suspended or revoked under this section and theperson is also convicted on charges arising out of the same occurrence fora violation of section 577.010 or 577.012, RSMo, or for a violation of anycounty or municipal ordinance prohibiting driving while intoxicated oralcohol-related traffic offense, both the suspension or revocation underthis section and any other suspension or revocation arising from suchconvictions shall be imposed, but the period of suspension or revocationunder sections 302.500 to 302.540 shall be credited against any othersuspension or revocation arising from such convictions, and the totalperiod of suspension or revocation shall not exceed the longer of the twosuspension or revocation periods.
5. Any person who has had a license to operate a motor vehiclerevoked under this section or suspended under this section with one or moreprior alcohol-related enforcement contacts showing on their driver recordshall be required to file proof with the director of revenue that any motorvehicle operated by that person is equipped with a functioning, certifiedignition interlock device as a required condition of reinstatement. Theignition interlock device shall further be required to be maintained on allmotor vehicles operated by the person for a period of not less than sixmonths immediately following the date of reinstatement. If the personfails to maintain such proof with the director, the license shall beresuspended or revoked, as applicable.
Suspension or revocation, when effective, duration--restricted drivingprivilege--effect of suspension or revocation by court on chargesarising out of same occurrence--revocation due to alcohol-relatedoffenses, requirements.
302.525. 1. The license suspension or revocation shall becomeeffective fifteen days after the subject person has received the notice ofsuspension or revocation as provided in section 302.520, or is deemed tohave received the notice of suspension or revocation by mail as provided insection 302.515. If a request for a hearing is received by or postmarkedto the department within that fifteen-day period, the effective date of thesuspension or revocation shall be stayed until a final order is issuedfollowing the hearing; provided, that any delay in the hearing which iscaused or requested by the subject person or counsel representing thatperson without good cause shown shall not result in a stay of thesuspension or revocation during the period of delay.
2. The period of license suspension or revocation under this sectionshall be as follows:
(1) If the person's driving record shows no prior alcohol-relatedenforcement contacts during the immediately preceding five years, theperiod of suspension shall be thirty days after the effective date ofsuspension, followed by a sixty-day period of restricted driving privilegeas defined in section 302.010 and issued by the director of revenue. Therestricted driving privilege shall not be issued until he or she has filedproof of financial responsibility with the department of revenue, inaccordance with chapter 303, RSMo, and is otherwise eligible. In no caseshall restricted driving privileges be issued pursuant to this section orsection 302.535 until the person has completed the first thirty days of asuspension under this section;
(2) The period of revocation shall be one year if the person'sdriving record shows one or more prior alcohol-related enforcement contactsduring the immediately preceding five years;
(3) In no case shall restricted driving privileges be issued underthis section to any person whose driving record shows one or more prioralcohol-related enforcement contacts until the person has completed thefirst thirty days of a suspension under this section and has filed proofwith the department of revenue that any motor vehicle operated by theperson is equipped with a functioning, certified ignition interlock deviceas a required condition of the restricted driving privilege. If the personfails to maintain such proof the restricted driving privilege shall beterminated.
3. For purposes of this section, "alcohol-related enforcementcontacts" shall include any suspension or revocation under sections 302.500to 302.540, any suspension or revocation entered in this or any other statefor a refusal to submit to chemical testing under an implied consent law,and any conviction in this or any other state for a violation whichinvolves driving while intoxicated, driving while under the influence ofdrugs or alcohol, or driving a vehicle while having an unlawful alcoholconcentration.
4. Where a license is suspended or revoked under this section and theperson is also convicted on charges arising out of the same occurrence fora violation of section 577.010 or 577.012, RSMo, or for a violation of anycounty or municipal ordinance prohibiting driving while intoxicated oralcohol-related traffic offense, both the suspension or revocation underthis section and any other suspension or revocation arising from suchconvictions shall be imposed, but the period of suspension or revocationunder sections 302.500 to 302.540 shall be credited against any othersuspension or revocation arising from such convictions, and the totalperiod of suspension or revocation shall not exceed the longer of the twosuspension or revocation periods.
5. Any person who has had a license to operate a motor vehiclerevoked under this section or suspended under this section with one or moreprior alcohol-related enforcement contacts showing on their driver recordshall be required to file proof with the director of revenue that any motorvehicle operated by that person is equipped with a functioning, certifiedignition interlock device as a required condition of reinstatement. Theignition interlock device shall further be required to be maintained on allmotor vehicles operated by the person for a period of not less than sixmonths immediately following the date of reinstatement. If the personfails to maintain such proof with the director, the license shall beresuspended or revoked, as applicable.
Suspension or revocation, when effective, duration--restricted drivingprivilege--effect of suspension or revocation by court on chargesarising out of same occurrence--revocation due to alcohol-relatedoffenses, requirements.
302.525. 1. The license suspension or revocation shall becomeeffective fifteen days after the subject person has received the notice ofsuspension or revocation as provided in section 302.520, or is deemed tohave received the notice of suspension or revocation by mail as provided insection 302.515. If a request for a hearing is received by or postmarkedto the department within that fifteen-day period, the effective date of thesuspension or revocation shall be stayed until a final order is issuedfollowing the hearing; provided, that any delay in the hearing which iscaused or requested by the subject person or counsel representing thatperson without good cause shown shall not result in a stay of thesuspension or revocation during the period of delay.
2. The period of license suspension or revocation under this sectionshall be as follows:
(1) If the person's driving record shows no prior alcohol-relatedenforcement contacts during the immediately preceding five years, theperiod of suspension shall be thirty days after the effective date ofsuspension, followed by a sixty-day period of restricted driving privilegeas defined in section 302.010 and issued by the director of revenue. Therestricted driving privilege shall not be issued until he or she has filedproof of financial responsibility with the department of revenue, inaccordance with chapter 303, RSMo, and is otherwise eligible. In no caseshall restricted driving privileges be issued pursuant to this section orsection 302.535 until the person has completed the first thirty days of asuspension under this section;
(2) The period of revocation shall be one year if the person'sdriving record shows one or more prior alcohol-related enforcement contactsduring the immediately preceding five years;
(3) In no case shall restricted driving privileges be issued underthis section to any person whose driving record shows one or more prioralcohol-related enforcement contacts until the person has completed thefirst thirty days of a suspension under this section and has filed proofwith the department of revenue that any motor vehicle operated by theperson is equipped with a functioning, certified ignition interlock deviceas a required condition of the restricted driving privilege. If the personfails to maintain such proof the restricted driving privilege shall beterminated.
3. For purposes of this section, "alcohol-related enforcementcontacts" shall include any suspension or revocation under sections 302.500to 302.540, any suspension or revocation entered in this or any other statefor a refusal to submit to chemical testing under an implied consent law,and any conviction in this or any other state for a violation whichinvolves driving while intoxicated, driving while under the influence ofdrugs or alcohol, or driving a vehicle while having an unlawful alcoholconcentration.
4. Where a license is suspended or revoked under this section and theperson is also convicted on charges arising out of the same occurrence fora violation of section 577.010 or 577.012, RSMo, or for a violation of anycounty or municipal ordinance prohibiting driving while intoxicated oralcohol-related traffic offense, both the suspension or revocation underthis section and any other suspension or revocation arising from suchconvictions shall be imposed, but the period of suspension or revocationunder sections 302.500 to 302.540 shall be credited against any othersuspension or revocation arising from such convictions, and the totalperiod of suspension or revocation shall not exceed the longer of the twosuspension or revocation periods.
5. Any person who has had a license to operate a motor vehiclerevoked under this section or suspended under this section with one or moreprior alcohol-related enforcement contacts showing on their driver recordshall be required to file proof with the director of revenue that any motorvehicle operated by that person is equipped with a functioning, certifiedignition interlock device as a required condition of reinstatement. Theignition interlock device shall further be required to be maintained on allmotor vehicles operated by the person for a period of not less than sixmonths immediately following the date of reinstatement. If the personfails to maintain such proof with the director, the license shall beresuspended or revoked, as applicable.
