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When you are arrested for DWI in Louisiana is your license automatically suspended?

License suspension after DWI arrest.

If you are arrested for a DWI offense your license will NOT be automatically suspended. You will have 30 days from the date of arrest to request an Administrative Hearing to fight the proposed suspension of your driving privileges.  During this time frame, you can drive with a temporary license. The proposed license suspension would be the result of blowing over the limit of .08 BAC or refusing the chemical tests.

It is important to hire a DWI attorney soon after the arrest so he they can request the hearing for you and have the hearing. When we request the hearing for our clients, we will get the 30 day temporary license extended until after the hearing so our clients can continue to drive.

What are restrictive or temporary driver’s license?

A temporary driver’s license is a driving privilege issued by the DMV. A DWI arrestee whose driver’s license has been taken by the police officer, will have a temporary license pending the Administrative Hearing, if one is requested. On the other hand, a restricted license is a specific license that must be applied for at the DMV after a license has been suspended. The restricted license is also known as a hardship license. The DMV may require that the driver provide proof of ignition interlock device and/or SR22 insurance.

Defenses against implied consent violations

The role of a police officer is to warn a driver of the consequences of refusing to submit to a DWI test. If the driver refuses to submit to the test, it is required for the police officer to warn him that his driver’s license may be suspended. This message is known as the implied consent warning though the police officer does not really divulge deeply into the fact that if the driver’s blood alcoholic percent is .08 or higher the license of the driver would still be suspended anyway. A trained DWI attorney can come in handy especially when the police officer fails to present the implied DWI consent warning. One important thing to note is that even if you refuse to partake in a field sobriety test, it does not have any punishment compared to refusing a blood alcohol concentration test.

The second key that would prove as a defense strategy in combating against the charges is by proving that you were not drunk driving and there was no cause to pull you over in the first place. Thereby putting the officer in the spot to show that there was enough evidence to require a blood alcohol concentration test for a start as described by Louisiana implied consent law.

When the cause of the DWI arrest is questionable, or the blood alcohol test was not administered properly, a DWI lawyer like Carl Barkemeyer can help you fight for your right and give you the justice you deserve. With a DWI attorney, it is difficult pretty much an uphill fight when you are trying to save your license much less when you are handling without one it can be out rightly difficult. But luckily with a DWI attorney who has an extensive amount of experience with DWI cases can help avoid a suspension. Contact us if you need help with a DWI.

Carl Barkemeyer wrote the published book on DWI: Practical Information for the Accused and Attorneys in Louisiana. He regularly gives lectures and advice to other attorneys regarding how to successfully defend clients for DWI.

Louisiana DWI & Criminal Lawyers

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Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, Monroe, Lake Charles and all of Louisiana.

DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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