eric g johnson law
  • Home
  • About Us
    • Eric G. Johnson
    • Rachel W. Bays
    • M. Joy Reger
    • Eric M. Whitehead
    • Staff
    • Client Testimonials
  • Criminal Defense
    • Appeals & Post-Conviction Relief
      • Criminal Appeals
      • Post-Conviction Relief
    • Arson and Criminal Mischief
    • Assault and Battery
      • Aggravated Assault and Battery
    • Criminal Expungement
      • Louisiana Expungement Laws
    • Domestic Violence
      • Domestic Abuse Battery
      • Protective Orders
      • Violation of Protective Order or TRO
    • Drug Offenses
      • Drug Possession
        • Cocaine Possession
        • Drug Possession with Intent to Sell or Distribute
        • Heroin Possession
        • Marijuana Offenses
        • Meth Possession
        • Possession of Date Rape Drugs
        • Prescription Drug Offenses
      • Drug Trafficking
      • Drug Court
    • DUI/DWI
      • DUI Defense Strategies
      • DUI with a CDL
      • Refusing DUI Tests
      • Repeat DUI/DWI Offender
      • Underage DWI
      • Vehicular Homicide
    • False Imprisonment
    • Juvenile Offenses
      • Juvenile Sex Crimes
      • Minor in Possession of Alcohol
    • Public Intoxication
    • Resisting an Officer
    • Sex Offenses
      • Carnal Knowledge of a Juvenile
      • Child Pornography
      • Online Solicitation of a Minor
      • Pimping and Pandering
      • Prostitution
      • Rape
      • Sexual Battery
      • Video Voyeurism
    • Stalking
    • Theft
      • Burglary
      • Credit Card Fraud
      • Identity Theft
      • Robbery
      • Shoplifting
      • Welfare Fraud
    • Traffic Violations & CDL Licenses
      • Hit and Run
      • Reckless Driving
    • Violation of Probation
    • Violent Crimes
      • Murder
      • Manslaughter
    • Weapons Offenses
    • White Collar Crimes
      • Embezzlement
      • Money and Asset Forfeiture
      • Money Laundering
      • Tax Fraud and Evasion
  • Blog
    • FAQ
  • Areas We Serve
    • Bossier City
    • Caddo Parish
    • Claiborne Parish
    • Bienville Parish
    • De Soto Parish
    • Lincoln Parish
    • Ouachita Parish
    • Natchitoches Parish
    • Sabine Parish
    • Shreveport, LA
      • Shreveport Drug Defense Attorney
      • Shreveport DWI Lawyer
      • Shreveport Theft Lawyer
    • Monroe, LA
      • Monroe DWI Lawyer
    • Ruston, LA
    • Tallulah,LA
  • Recent Cases
  • Contact Us
Retaining Your License After a DWI in Louisiana

Can You Retain Your Driver’s License After A DWI Arrest in Louisiana?

February 3, 2020Eric G. Johnson

Being out with friends on a Saturday night and enjoying good company and conversation can sometimes mean you lose track of how many beers or shots you’ve had, and if you’re driving yourself home, it’s easy to ignore how risky it is to get behind that wheel. You could find yourself suddenly being pulled over by a police officer and facing your first DWI.

If you don’t consider yourself a strong drinker and you never expected to be in that situation, it’s going to feel overwhelming. Even worse, your license will be automatically suspended, posing a risk to your job and livelihood. In Louisiana, the law is clear on what happens to those arrested for DWI, which is why it’s important to secure the backing of a professional DWI attorney.

What Happens to My Driver’s License After a DUI Arrest?

Even if this is your first DUI/DWI arrest, a driver’s license suspension is automatic in Louisiana. Once you’re arrested for a DWI, the arresting officer will confiscate your license and issue a temporary one that’s only valid for 30 days. Your driver’s license will be submitted by the officer as evidence collected against you during the arrest.

Having your license suspended is going to have a serious and negative impact on your job, career, and family life. At the same time, you’re also facing the possibility of having a criminal record and seeing your auto insurance rates soar. In Louisiana, a DWI leads to a license suspension whether or not you submit to a blood-alcohol test. 

If the police officer asks you to take a breathalyzer test, Louisiana is an Implied Consent Law state, which means as soon as you got your driver’s license, you’ve given consent to be tested for alcohol or drugs. Refusing a breath test also guarantees a license suspension. 

However, even though drivers’ license suspensions are automatic after DWI arrests in Louisiana, it’s still possible to get your license reinstated. That involves appearing for an administrative DUI hearing at the Louisiana Office of Motor Vehicles. But that’s also why it takes a skilled DWI attorney to help you recover your suspended license.

How Can I Get My Driver’s License Back After a DWI?

After your arrest, you have 15 days to request an administrative hearing with the OMV to get your license reinstated. How long your license gets suspended will depend on several factors, including:

  • Your age
  • How far over the legal limit your blood alcohol content (BAC) was
  • If you’ve had previous DWI convictions
  • and if you submitted to a breathalyzer test.

For your first DWI offense, your license will usually be suspended for up to 90 days, and that increases to one year for a second offense and up to two years for your third offense. However, if you also refuse a breathalyzer test for your first offense, your license will be suspended for 180 days instead, and the same is true if you were arrested for underage DUI.

At the OMV administrative hearing, a hearing officer will examine the evidence that the arresting officer submitted as part of the case against you. If you have an attorney, that individual can submit evidence in your defense. The decision on reinstating your license rests with the hearing officer. 

If the hearing officer decides to reinstate your license, there will likely be conditions that you must agree to, including:

  • Paying a reinstatement fee
  • Showing proof of auto insurance
  • Installing an ignition interlock device.

If the suspension is upheld, you can apply for a hardship license, although you don’t have a guarantee it will be granted. An experienced DWI attorney can walk you through the steps you need to take to get a hardship license. It includes obtaining expensive, high-risk auto insurance, having an ignition interlock device installed on your car to test your blood alcohol content (BAC) before you start your car, and demonstrating to the court that you need the hardship license to get to work or school. If the hardship license is granted, you won’t be able to drive anywhere except these specific locations. You’re also required to pay a fee for your hardship license

It’s important to keep in mind that there are defenses to fighting the State’s charges against you, including the ability of your attorney to show there was no probable cause to pull you over for DWI in the first place. If you weren’t driving in a questionable or reckless manner, it’s possible your DWI charges could be dropped. That’s why it’s always important to have an attorney knowledgeable about Louisiana’s DWI laws.

Contact Louisiana DWI Lawyers Ready to Help

If you’re facing your first DWI charges, don’t waste any time before you contact the most trusted law team in Louisiana. Attorney Eric G. Johnson is a skilled Louisiana DWI lawyer who has decades of experience protecting the rights of those accused of driving under the influence. As a team, they’re committed to providing reliable representation when you need it most.

Secure the best chance of protecting your reputation and your future by working with a Louisiana DWI attorney with distinguished experience representing minors. It’s your best chance at making sure your constitutional rights are protected throughout the judicial process and will help you protect your reputation and future. Call 318-377-1555 or complete our contact form for a free consultation.

Recent Posts

  • Have Domestic Violence Incidents Increased During COVID-19 in Louisiana?
  • What Are the Penalties for Drugged Driving in Louisiana?
  • What Are the Effects of a Drug Conviction for Non-U.S. Citizens?
  • Why Do Crimes Spike During the Holidays?
  • Common Types of Crimes Committed in Louisiana During the Holidays

Archives

  • December 2020
  • November 2020
  • October 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017

Practice Areas

  • Appeals And Post Conviction Relief
  • Louisiana Murder Defense Attorney
  • Criminal Defense
  • Criminal Expungement
  • Domestic Violence And Protective Orders
  • Drug Offenses
  • DUI And Vehicular Homicide
  • Louisiana Sex Offenses Attorney
  • Traffic Violations And CDL Licenses
  • White Collar Crimes

Contact Us

Attention: While this website provides general information, it does not constitute legal advice
John D. & Eric G. Johnson Law Firm, LLC
LinkedIn
Yelp

John D. & Eric G. Johnson Law Firm, LLC
Office: 318-377-1555 | Fax: 318-377-1559
national association of criminal defense lawyers
lsba
criminal defense attorney louisiana
2018 top rated lawyer

John D. & Eric G. Johnson Law Firm, LLC
415 Main Street,
Minden, LA 71055

Areas Served: 
 Serving the entire State of Louisiana including Minden, Ruston, Monroe, Shreveport, Bossier City, as well as Caddo, Webster, and Ouachita parishes.
Ⓒ 2020 Eric John D. & Eric G. Johnson Law Firm, LLC. Privacy Policy. Legal Website Powered by Market My Market