Missouri Revised Statutes

Mo. Rev. Stat. § 302.321 (2026)

Driving while license or driving privilege is cancelled, suspended or revoked, penalty

✓ current as of May 2026

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302.321. Driving while license or driving privilege is cancelled, suspended or revoked, penalty — enhanced penalty for repeat offenders — imprisonment, mandatory, exception. — 1. A person commits the offense of driving while revoked if such person operates a motor vehicle on a highway when such person's license or driving privilege has been cancelled, suspended, or revoked under the laws of this state or any other state and acts with criminal negligence with respect to knowledge of the fact that such person's driving privilege has been cancelled, suspended, or revoked.

2. Any person convicted of driving while revoked is guilty of a misdemeanor. A first violation of this section shall be punishable as a class D misdemeanor. A second or third violation of this section shall be punishable as a class A misdemeanor. Any person with no prior alcohol-related enforcement contacts as defined in section 302.525, convicted a fourth or subsequent time of driving while revoked or a county or municipal ordinance of driving while suspended or revoked where the defendant was represented by or waived the right to an attorney in writing, and where the prior three driving-while-revoked offenses occurred within ten years of the date of occurrence of the present offense; and any person with a prior alcohol-related enforcement contact as defined in section 302.525, convicted a third or subsequent time of driving while revoked or a county or municipal ordinance of driving while suspended or revoked where the defendant was represented by or waived the right to an attorney in writing, and where the prior two driving-while-revoked offenses occurred within ten years of the date of occurrence of the present offense and where the person received and served a sentence of ten days or more on such previous offenses is guilty of a class E felony. Except upon conviction as a first offense, no court shall suspend the imposition of sentence as to such a person nor sentence such person to pay a fine in lieu of a term of imprisonment, nor shall such person be eligible for parole or probation until such person has served a minimum of forty-eight consecutive hours of imprisonment, unless as a condition of such parole or probation, such person performs at least ten days involving at least forty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service. Driving while revoked is a class E felony on the second or subsequent conviction pursuant to section 577.010 or a fourth or subsequent conviction for any other offense. Prior pleas of guilty and prior findings of guilty shall be pleaded and proven in the same manner as required by section 558.021.

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(RSMo 1939 § 8465, A.L. 1951 p. 678 § 302.320, A.L. 1961 p. 493, A.L. 1972 S.B. 651, A.L. 1983 S.B. 318 & 135, A.L. 1984 H.B. 1575 Revision, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1995 H.B. 717, A.L. 1999 S.B. 19, A.L. 2002 H.B. 1270 and H.B. 2032, A.L. 2005 H.B. 353 merged with S.B. 37, et al., A.L. 2011 H.B. 111, A.L. 2014 S.B. 491)

Effective 1-01-17

(1968) Information charging defendant with driving while "his license privilege" was under revocation was not defective because it failed to refer specifically to "driver's license" or because it did not state under which statute it had been revoked. State v. Cipolla (A.), 435 S.W.2d 52.

(1975) Definition of "motor vehicle" in chapter 301 is not relevant or controlling in prosecution under this section. Vehicle that was part foreign car, part motorcycle and part homemade and had no hitch and a gear ratio not compatible with use as a tractor would not fall under this exemption. State v. Gardner (A.), 518 S.W.2d 670.

(1987) Knowledge of the revocation is an element of an offense under this section. State v. Horst, 729 S.W.2d 30 (Mo. App.).

Notes of Decisions

Cited in 206 cases (6 in the last 5 years), 1968–2024 · leading case: State v. Acevedo, 339 S.W.3d 612 (Mo. Ct. App. 2011).

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State v. Acevedo, 339 S.W.3d 612 (Mo. Ct. App. 2011). · cites it 30× “At issue is whether Appellant had sufficient prior convictions for driving with a “revoked” driver’s license, as that term is defined and set out in section 302.321, in order to have enhanced his offenses from class A misdemeanors to class D felonies.”

State Ex Rel. KCP & L Greater Missouri Operations Co. v. Cook, 353 S.W.3d 14 (Mo. Ct. App. 2011). · cites it 14× “banc 2002), in which a criminal defendant (Rowe) was convicted of driving with a canceled, suspended or revoked driver's license under § 302.321, RSMo 2000. Rowe's Iowa driver's license had been suspended and revoked by that State.”

State v. Rowe, 63 S.W.3d 647 (Mo. 2002). · cites it 8× “John Rowe, an Iowa resident who had his driver’s license cancelled in Iowa, appeals his conviction under section 302.321 1 for driving in Missouri when his license or driving privilege “has been canceled, suspended or revoked under the laws of this state.”

Nelson v. State, 250 S.W.3d 386 (Mo. Ct. App. 2008). · cites it 25× “*388 Factual Background The prosecuting attorney of Jefferson County, Missouri, charged the defendant with five counts of the class D felony 1 of driving while his driving privilege was revoked, in violation of Section 302.321 RSMo. (2003) (Matthew Bender, LEXIS, through 2002…”

State v. Willis, 97 S.W.3d 548 (Mo. Ct. App. 2003). · cites it 16× “1(4), RSMo 1994, and consecutive seven- and four-year sentences respectively; and his conviction for driving with a suspended license, section 302.321, RSMo Cum.Supp.1999, and corresponding concurrent one-year sentence.”

Dorsey v. State, 115 S.W.3d 842 (Mo. 2003). · cites it 4× “010, RSMo 2000 1 , and driving while revoked, section 302.321. Driving while revoked is usually a class A misdemeanor.”

State v. Naylor, 510 S.W.3d 855 (Mo. 2017). · cites it 2× “030, and driving while revoked, section 302.321. The circuit court sentenced Naylor as a prior and persistent offender to fifteen years’ imprisonment for burglary, one year imprisonment for stealing, and seven years’ imprisonment for driving while revoked, to be served…”

State of Missouri, Plaintiff-respondent v. Joshua P. Gilmore, 508 S.W.3d 132 (Mo. Ct. App. 2016). · cites it 7× “See section 302.321. 1 Defendant does not dispute the facts of this case or argue that insufficient evidence supports his DWR conviction.”

State v. Jordan, 181 S.W.3d 588 (Mo. Ct. App. 2005). · cites it 4× “010; and driving while revoked, Section 302.321. Defendant was sentenced to a total of fifteen years' imprisonment.”

State v. Russell, 336 S.W.3d 504 (Mo. Ct. App. 2011). · cites it 8× “010 1 and driving while license revoked (“DWR”) in violation of section 302.321. Because Appellant had two prior DWI convictions, both offenses were enhanced to class D felonies pursuant to sections 577.”

State v. Collins, 413 S.W.3d 689 (Mo. Ct. App. 2013). · cites it 26× “First, section 302:321 — applicable to Collins’ case — expressly includes the culpable mental state of “criminal negligence,” while in Tippett , the applicable section 302.321, RSMo Cum.Supp.1984, did not include a culpable mental state.”

State v. Martin, 103 S.W.3d 255 (Mo. Ct. App. 2003). · cites it 3× “Ronnie Martin appeals his conviction following a jury trial for driving while revoked, section 302.321, RSMo 2000, and sentence of four years imprisonment.”

Show all 206 citing cases →

— Mo. Rev. Stat. § 302.321(1) — 1 case

State v. Woolf, 950 S.W.2d 520 (Mo. Ct. App. 1997).

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