Louisiana DUI/DWI License Suspensions

IMPLIED CONSENT - Any person who operates a motor vehicle upon the public highways of the state of Louisiana is deemed to have given his/her consent to chemical test or tests of his/her blood, breath, urine or other bodily substance for the purpose of determining the alcoholic content of his/her blood, and the presence of any abused substance or controlled dangerous substance in his/her blood. Consent is only implied for those who are arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while believed to be under the influence of alcoholic beverages, or any abused substance or controlled dangerous substance. The chemical tests must be administered at the direction of a law enforcement officer who has reasonable grounds to believe the person was driving or in actual physical control of a motor vehicle while under the influence of alcohol and/or drugs. The law enforcement agency where the officer is employed will designate, in writing, the condition under which the chemical tests will be administered.

Any person who is a victim of a traffic fatality will be given a toxicology screening by the coroner to obtain evidence of any alcoholic content of the blood and the presence of any drugs in the victim's system. The coroner (or his designee) will determine, by the most current and accepted scientific method available, whether the presence of alcoholic content in the blood of the deceased is the result of pre-death ingestion of alcoholic beverages or the postmortem synthesis of ethanol.

Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal is deemed not to have withdrawn consent to chemical testing.

IMPLIED CONSENT PERSONS UNDER THE AGE OF 21 - Any person under the age of 21 who is arrested for OWI will be administered test or tests at the direction of a law enforcement officer having reasonable grounds to believe the underage driver has been driving or in actual physical control of a motor vehicle after having consumed alcoholic beverages.

IMPLIED CONSENT RIGHTS - Upon request by a law enforcement officer to submit to chemical testing, the person must be read a standardized form that informs the person of:

(1) His/her constitutional rights pursuant to Miranda v. Arizona;
(2) That his/her driving privileges can be suspended for refusing to submit to the chemical test;
(3) That his/her driving privileges can be suspended if he submits to the chemical test that reveals a blood alcohol level of 0.08 percent or more (or, if under the age of twenty-one years, 0.02 percent or more);
(4) That his/her driving privileges can be suspended if he/she submits to the chemical test and the test results show a positive reading indicating the presence of any prohibited controlled dangerous substance;
(5) The name and employing agency of all law enforcement officers involved in the stop, detention, investigation, or arrest of the person;
(6) That refusal to submit to a chemical test after an arrest for an offense of driving while intoxicated if he/she has refused to submit to such test on two previous and separate occasions of any previous such violation is a crime, and the penalties for such crime are the same as the penalties for first conviction of driving while intoxicated.

Louisiana Administrative License Suspension Process For Drunk Driving

Once a person has been placed under arrest for DUI/DWI, and the person either refuses chemical testing or submits to such test that reveals a BAC .08 or higher (or .02 or higher if under the age of 21), the officer will seize the person's driver's license and issue them a temporary receipt of license that authorizes the person to drive for a period of 30 days. The person will be told that they have a right to make a written request to the Department of Public Safety and Corrections for an administrative hearing within 15 days from the date of arrest. Failure to request a hearing within the 15 day time limit will result in the automatic suspension of the person's driving privileges in accordance with the penalties listed below.

If a blood or urine test was conducted and the results are not yet available, the police officer will issue a temporary receipt of license and the person will have 15 days from the date of arrest to make a request for an administrative hearing. If the results of the chemical test are not available after 30 days from the date of arrest, or if the person was 21 years of age or older and the test results indicate a BAC under .08, then no hearing will be held and the person's license will be fully reinstated.

Once the Department receives a request for an administrative hearing, the Department will issue a document extending the temporary license until after a hearing has been conducted and a suspension, revocation, or cancellation has been issued. The Department will forward the record of the case to the division of administrative law for a hearing within sixty days of the date of arrest. The division of administrative law will provide for a hearing to determine suspension or revocation of driving privileges. A continuance may be granted for good cause shown.

A license suspension court order upon conviction or guilty plea to a criminal DUI/DWI offense that arises out of the same occurrence will run concurrently with any administrative license suspension that may be imposed by the Department. The total period of suspension may not exceed the longer of the two periods. Any person whose license has been suspended administratively will be required to pay a reinstatement fee of $50 to the Department for the return of his license.

Louisiana DWI/DUI License Hearing Process

Persons who wish to contest the suspension of their drivers license may request a hearing within 15 days of their arrest. A hearing will be conducted, during which a hearing officer employed by the Department will determine the following issues:

(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 public highways of this state, or had been driving or was in actual physical control of a motor-powered watercraft upon the public navigable waterways of this state, while under the influence of either alcoholic beverages or any abused substance or controlled dangerous substance.

(2) Whether the person was placed under arrest.

(3) Whether he was advised by the officer of his implied consent rights and the consequences of a refusal.

(4) Whether he voluntarily submitted to an approved chemical test and whether the test resulted in a blood alcohol reading of 0.08 percent or higher, (or 0.02 percent or higher if he was under the age of twenty-one 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 as may relate to the legal rights of the person, including compliance with regulations promulgated by the Department of Public Safety and Corrections and rights afforded to the person by law or jurisprudence.

In a case of first refusal or first submission to a test for intoxication and when there has been no prior suspension of the driver's license, if suspension is otherwise proper, upon a showing of proof satisfactory to the department that the suspension of driving privileges would prevent the person from earning a livelihood, the department may:

(i) Require the licensee to surrender his regular license and issue in its stead at a cost to the person of fifty dollars plus the cost of the license a special restricted operator's license designated as such by a large red R printed on the face of the license, to be effective for the remaining period of suspension.

(ii) Designate in writing, and upon application of the person to amend as necessary, the routes over which and the times during which the restricted licensee shall be permitted to operate designated motor vehicles in order to earn his livelihood, which written restrictions shall be attached to the restricted license and kept with it at all times.

(b) No person who has refused a chemical test for intoxication is eligible for a restricted license for the first ninety days of the suspension. When a person submits to a chemical test and the results show a blood alcohol level of 0.08 percent or above by weight, or of 0.02 percent or above if the person was under the age of twenty-one years on the date of the test, he is not eligible for a restricted license for the first thirty days of the suspension.

(c) However, any licensee who has had his license suspended for a first or second offense of operating a motor vehicle while under the influence of alcoholic beverages under the provisions of this Subsection, shall, upon proof of need to the Department of Public Safety and Corrections, be immediately eligible for and shall be issued an ignition interlock restricted license sufficient to maintain livelihood or allow the licensee to maintain the necessities of life. In the event that the department fails or refuses to issue the restricted driver's license, the district court for the parish in which the licensee resides may issue an order directing the department to issue the ignition interlock restricted license either by ex parte order or after contradictory hearing.

(2) However, the department shall immediately cancel and seize the restricted license upon receiving satisfactory evidence of violation of the restrictions, and no person shall have driving privileges of any kind for a period of six months from the receipt by the department of the cancelled restricted license.

If the Department issues an order upholding the license suspension, the person may file a petition in the appropriate court for a review of the final order of suspension or denial by the Department. The court may exercise any action it deems necessary under the law including ordering the department to grant the person restricted driving privileges where appropriate.

Administrative License Penalties For DUI/DWI In Louisiana

FIRST OFFENSE CHEMICAL TEST "FAILURE" - 90 day suspension without hardship eligibility for first 30 days

SECOND AND SUBSEQUENT OFFENSE CHEMICAL TEST "FAILURE" WITHIN 5 YEARS - 1 year suspension without hardship license eligibility

MINORS - persons under the age of 21 who have a BAC of .02 or above will have their driving privileges suspended for 180 days

FIRST OFFENSE HIGH BAC (.20 OR HIGHER) - 2 year suspension. Will become eligible for restricted license upon installation of an ignition interlock device for entire period of 2 year suspension. The ignition interlock must remain installed on the vehicle during the first 12 months of the suspension.

SECOND OFFENSE HIGH BAC (.20 OR HIGHER) - 4 year suspension. Will become eligible for restricted license upon installation of an ignition interlock device for entire period of 4 year suspension. The ignition interlock must remain installed on the vehicle during the first 3 years of the suspension.

FIRST OFFENSE CHEMICAL TEST REFUSAL - 180 day suspension without eligibility for hardship

SECOND AND SUBSEQUENT OFFENSE CHEMICAL TEST REFUSAL WITHIN 5 YEARS - 545 day suspension without eligibility for hardship license

MINORS - persons under the age of 21 who refuse to submit to chemical testing will have their driving privileges suspended for 180 days

CHEMICAL TEST REFUSAL - FATALITY OR SERIOUS BODILY INJURY - 545 day suspension without hardship license eligibility.

DWI Hardship Licenses In Louisiana

A person who had their license suspended for a first or second offense DUI/DWI, and who either refused chemical testing or submitted to a test that revealed a BAC less than .20 will be eligible for a restricted license upon proof to the Department of Public Safety and Corrections that his/her vehicle has been equipped with a functioning ignition interlock device.