Driving After a DWI Arrest in Louisiana

Learn about your rights, license suspension, hardship licenses, and how to restore your driving privileges after a DWI arrest in Louisiana.

Driving While Intoxicated (DWI) is a serious offense in Louisiana, with significant legal and personal consequences. If you have been arrested for DWI, one of your immediate concerns may be whether you can still drive. This article provides an overview of what happens to your driving privileges after a DWI arrest in Louisiana, the procedures you must follow, and your legal options moving forward.

Immediate Consequences of a DWI Arrest

Upon arrest for DWI in Louisiana, your driver’s license is typically confiscated by the arresting officer. In exchange, you will receive a temporary driving permit known as a “Notice of Suspension.” This permit generally allows you to continue driving for a limited period, usually 30 days from the date of arrest, unless otherwise stated on the notice.

Administrative License Suspension

Louisiana operates under an “implied consent” law, meaning that by driving on Louisiana roads, you have agreed to submit to chemical testing if suspected of DWI. Refusing a breathalyzer or blood test or failing the test (registering a blood alcohol concentration above the legal limit), results in an automatic license suspension by the Department of Public Safety and Corrections, independent of any criminal charges.

The duration of the suspension depends on several factors, including whether it is a first or subsequent offense, and whether you refused or failed the chemical test. For a first-time failed test, the suspension is typically 180 days. However, if you blow .15 BAC or higher, the suspension is for 2 years. Refusal to test may result in a suspension of up to one year or longer for repeat offenses.

Requesting an Administrative Hearing

After a DWI arrest, you have the right to challenge the suspension of your driver’s license. The administrative hearing with the Louisiana Department of Public Safety must be requested within 30 days of your arrest. At the hearing, your lawyer can contest the circumstances surrounding the arrest and the suspension. If the hearing is not requested or the hearing is unsuccessful, your license remains suspended for the designated period.

Hardship Licenses

If your license is suspended after a DWI arrest, you may be eligible for a hardship license. A hardship license allows you to drive under specific circumstances, such as traveling to and from work, school, or medical appointments. To obtain a hardship license, you must apply with the Office of Motor Vehicles, provide documentation proving your need, and may be required to install an ignition interlock device on your vehicle.

Eligibility for a hardship license depends on your driving record, the nature of the DWI offense, and whether you have met all court and administrative requirements.

Criminal Proceedings and Further Impacts

It is important to note that the administrative suspension is separate from the criminal case against you. If convicted of DWI in court, you may face additional penalties, including extended license suspension, fines, community service, mandatory alcohol education programs, and possible jail time. Multiple offenses result in increasingly severe consequences.

Restoring Your Driving Privileges

At the conclusion of your suspension period, you must complete all court-ordered and administrative requirements to have your license reinstated. This may include paying reinstatement fees, providing proof of insurance (SR-22) and/or maintaining the ignition interlock device.

What To Do Now

A DWI arrest in Louisiana triggers immediate and significant repercussions for your ability to drive. Understanding the administrative and legal processes is essential to protecting your rights and taking the necessary steps toward license reinstatement. If you find yourself in this situation, consulting with one of our highly experienced Louisiana DWI attorneys is strongly recommended to guide you through the complexities of the law and help you achieve the best possible outcome.