Hardship License for DWI in Louisiana

One of the most unfortunate inconveniences associated with a DWI arrest in Louisiana is the suspension of one’s driver’s license. The possession of a driver’s license is a privilege, not a right. Therefore, the license can be suspended by the Department of Public Safety for many reasons. However, if the offender follows proper procedure, he may become eligible for a hardship license. 

Refusal of Breathalyzer

The arrestee’s driver’s license may be suspended as a result of refusing to take the breathalyzer.  In Louisiana, everyone with a driver’s license gives informed consent to take this test upon request. Therefore, when a person refuses, the State can suspend his/her driver’s license for one year on the first refusal. The penalties increase with the number of refusals. 

It is important to request an administrative hearing within thirty (30) days of arrest. If you do not request the hearing during that time, you waive it. You should have an attorney experienced at handling these types of hearings to attend and argue on your behalf.

Submit to Breathalyzer

If you submit to the breathalyzer and blow over the limit of .08 BAC, the State may suspend your license for ninety (180) days. If the offender is underage, the penalty is a suspension of twelve (12) months. If you blow .15% or above, the suspension is 2 years.

You have a right to a hearing to contest the suspension on a submittal. There may exist some technical defenses that your experienced lawyer can argue at the hearing.  Once again, you or your attorney must request the hearing within thirty (30) days of the date of arrest or else you waive the right to it.

DWI Conviction

The State of Louisiana may suspend a person’s driver’s license if he/she was convicted of a DWI in criminal court. Typically, the period of suspension on a first offense DWI is one year. Depending on the number of prior DWI convictions, the period of suspension may vary. However, an experienced DWI attorney may be able to get you sentenced in a way to avoid the suspension. 

In all the scenarios above, the State provides that the driver may apply for a restricted hardship license. An ignition interlock device will be required and possibly SR22 insurance.

How to request for a hardship license

If your license is suspended for either testing over the limit, refusing the chemical test, or for a DWI conviction, you need to apply for a hardship license at the DMV. We help our clients navigate this process and provide possible alternatives.

If you have a pending DWI or DUI in Louisiana, contact our DWI defense law firm for help.