DWI AND LICENSE SUSPENSION IN LOUISIANA
Getting a DWI charge can be a frightening experience. Depending on the severity of the charge, you could lose your drivers license, your job or even your freedom. The attorneys at Mouton Law Firm can help you navigate the legal process so that you can get back on the road as soon as possible.

DRIVING WHILE INTOXICATED/DRIVING UNDER THE INFLUENCE/BUZZED DRIVING

DWI stands for "driving while intoxicated." In Louisiana, DWI is defined as operating a vehicle while having a BAC, or blood alcohol content, of 0.08 or higher. Other terms for driving while intoxicated could also be known as a "driving under the influence" or DUI.

PERIOD OF SUSPENION (ALL DRIVING PRIVILEGES AND/OR DISQUALIFICATION (CMVPRIVILEGES)

The suspension of your driver's license will begin the 30th day from the date of your arrest unless you are already under suspension. You have only thirty (30) days from the date of your arrest to request a hearing. The penalties for drinking and driving depend on your BAC and your prior offenses. In addition to potential fines, community service, mandatory classes or jail time, your license will be suspended accordingly:

These are the consequences of REFUSAL to submit to the chemical test. You have the right to refuse the chemical test if you are not involved in a crash where a fatality or serious bodily injury occurred.

1. Your driving privileges will be suspended for a period of one year if this is your first refusal, or a period of two years if this is your second or subsequent refusal within a ten (10) year period.

2. If you have refused to submit to the chemical test on two previous and separate occasions, a refusal under the provisions of La. R.S. 14:98.7 and the penalties are the same as the penalties for the first conviction of driving while intoxicated.

3. Evidence of your refusal to submit to a chemical test will be used against you in court.

These are the consequences if the test is CONDUCTED and the results indicate a blood alcohol concentration of .08 percent or above by weight of alcohol in the blood:

1. The results of the test will be used against you at trial and will be conclusive evidence that you are intoxicated.

2. Your driving privileges shall be suspended for 90 days if this is your first submission to a test, or one year if this is your second or subsequent submission to a test within the past five (5) years.

3. If you submit to the chemical test and the results indicate a blood alcohol content of .15 percent or above by weight of alcohol in the blood you will be required to serve at least 48 hours of the sentence imposed upon first conviction and 96 hours upon second conviction.

4. If you submit to the chemical test and the results indicate a blood alcohol content of .20 percent or above by weight of alcohol in the blood, your driver's license shall be suspended for two (2) years for the first offense and four (4) years for the second.

PERSONS UNDER THE AGE OF 21

These are the consequences if the test is CONDUCTED and the results indicate a blood alcohol concentration of .02 percent or above but less than .20 percent by weight of alcohol:

1. The results of the test will be used against you at trial and will be conclusive evidence that you are intoxicated.

2. Your driving privileges shall be suspended for 180 days if this is your first or subsequent submission to a test.

IF YOU WERE OPERATING A COMMERCIAL MOTOR VEHICLE OR HAVE A CLASS A, B, OR C COMMERCIAL LICENSE

In addition to the applicable sections, these are the consequences if you were operating a commercial or non-commercial vehicle.

1. Your Commercial Driver's License shall be disqualified for one year if, for the first time reported on your driving record, you refuse the test, or submit to the test and the results indicate a blood alcohol concentration of .04 percent or above by weight of alcohol in the blood while operating a commercial motor vehicle or .08 percent or above if operating a non-commercial vehicle if the vehicle you were operating was transporting any hazardous material as defined by law, your Commercial Driver's License shall be disqualified for three years if you refuse the test or submit to the test, and the result indicate a blood alcohol concentrate of .04 percent or above by weight of alcohol in the blood.

2. Your Commercial Driver's License shall be disqualified for life if, for the second time reported on your driving record, you refuse the test, or submit to the test and the results indicate a blood alcohol concentration of .04 percent or above by weight in the blood while operating a commercial motor vehicle or .08 percent while operating a commercial vehicle.

3. If you refuse to submit to an approved chemical test or tests for intoxication while operating a commercial or non-commercial motor vehicle upon the public highways of this state while under the influence of either alcoholic beverages or any abused substance or controlled dangerous substance as set forth in La. R.S. 40:964, your "S" endorsement for the operation of a school bus shall be suspended for a period of ten (10) years.

4. A disqualification shall become part of your official driving record.

REASONS FOR LICENSE SUSPENSIONS
If you do not request an ALR hearing within 10 days, your license will be suspended for 6 months once the temporary permit expires. Once the suspension is lifted, you must install an ignition interlock device in your vehicle to continue driving. Even if an administrative judge reinstates your license, it can still be taken away following conviction.

REQUESTING AN ADMINISTRATIVE HEARING

You are entitled to an administrative hearing where you may present facts or evidence based on your behalf. Request for the hearing must be made in writing postmarked or received by at the Office of Motor Vehicles within 30 days from the date of your arrest. If you fail to request such a hearing within the time specified above the suspension shall be enforced.

A HEARING IS NOT FOR THE PURPOSE OF OBTAINING A HARDSHIP LICENSE.

The scope of the hearing shall cover:

1. Whether a law enforcement officer had reasonable grounds to believe the person, regardless of age, had been driving or was in actual physical control of a motor vehicle upon the highways of this state while under the influence of alcoholic beverages and/or any abused or illegal controlled dangerous substance as set forth in La. R.S. 40:964.

2. Whether the person was placed under arrest.

3. Whether he was warned by the officer(s) of the consequences of his submission or refusal of the chemical test and whether he was advised of his constitutional rights.

4. Whether he voluntarily submitted to an approved chemical test and whether the test resulted in a BAC reading of .08 percent or above, or .02 percent or above if he was under the age of twenty one (21) years on the date of the test.

5. Whether he refused to submit to the test upon the request of the officer.

6. Such additional matters may relate to the reasonableness of the suspension of the license.

SCHEDULE A CONSULTATION WITH A DWI ATTORNEY IN SHREVEPORT
If you're facing DWI charges in Shreveport, don't go before a judge without a game plan. The attorneys at Mouton Law Firm have a proven track record of helping people like you achieve the best possible outcome for their situation. Our lawyers will work tirelessly to provide you with a strong legal defense strategy. Contact our office to schedule a consultationwith one of our expert DWI attorneys.

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