Do I need to get a hardship license right after a DWI arrest?
Let’s discuss the hardship license after a DWI arrest. I am going to start by answering the most common question I get, which is “Do I need to get a hardship license right after the arrest?”
You do not need to obtain a hardship license right after the arrest. The law grants you a 30-day temporary license beginning after the date of arrest. During this time, you need to hire a lawyer such as myself to file for the Administrative Hearing within those 30 days.
When we do that, we can get your temporary license extended until after the Administrative Hearing. The purpose of The Administrative Hearing is to test the DMV’s case to determine if they can suspend your license legally for refusing the chemical test or testing over the legal limit for alcohol. In the event the DMV wins the hearing, then you would need to acquire a hardship license from the DMV so that you can continue to drive legally.
Acquiring a hardship license depends on your situation. If your license goes into suspension because of a DWI conviction, refusal, or blowing over the limit, you may apply for a hardship license. However, there is no guarantee that the DMV will grant a hardship license. There are various conditions to obtaining a hardship license. If you refused the breathalyzer, you would need to bring proof of the installation of the ignition interlock device and your SR22 insurance certificate to the DMV when you apply for the hardship license.
If you submitted to the chemical test, but were over the limit, you would just need proof of the installation of the ignition interlock device. If you obtain a hardship license, any vehicle you drive must be equipped with the ignition interlock device.
If you have more questions about a DWI in Louisiana, feel free to contact our Shreveport DWI lawyer. Our firm represents clients charged with DWI throughout Louisiana. If you have a charge for DWI anywhere in Louisiana, we’ll be happy to help.
