I was arrested for a DWI, will my license be suspended?
In Louisiana, as in most states, once you are arrested for a DWI, you immediately have two, separate cases. First, the Office of Motor Vehicles will initiate an administrative case. The OMV will want to seek a license suspension in two situations. You either failed a breath test (.08 or greater if you’re over 21) or you refused to provide one when requested by law enforcement.
Second, there will be a criminal case brought against you. The prosecutor will attempt to seek a conviction of Driving While Intoxicated against you. Depending on the outcome, each of the cases may cause a suspension. However, there are many challenges that can be made against the OMV and in the criminal case. Therefore, it is extremely important to hire a qualified DWI defense attorney. Not all lawyers are familiar with the administrative hearing process and the license consequences of a DWI conviction.
Administrative License Hearing
When arrested for a DWI, you may think you will serve an “automatic” administrative suspension. Fortunately, that is a myth. You MUST request a hearing to challenge the administrative suspension within 30 days from the date you were arrested. If you or your lawyer fails to request a hearing within 30 days, a suspension will begin on the 31st day from the arrest date. If timely requested, a hearing will be scheduled at the Division of Administrative Law. Your attorney can appear and argue on your behalf. Unfortunately, in Louisiana, the arresting officer’s presence at the hearing is NOT required. The hearing officer can suspend your license without the officer’s testimony. However, the evidence submitted at the hearing must comply with certain laws before suspension. Ultimately, if you lose the administrative hearing, you have the right to appeal and keep fighting.
Criminal Case License Consequences
If you are convicted of a DWI, a suspension is mandatory. However, if you have already served an administrative suspension for the same incident, that time will be deducted from your conviction suspension. Whether an Article 894 dismissal is ordered after all probation requirements have been completed may also shorten any applicable license suspension.
Dewey & Braud Law, LLC has been successful in winning administrative hearings and keeping citizens free of DWI convictions. If you have recently been arrested for DWI, ACT NOW and contact Dewey & Braud Law, LLC for a free consultation today. Online inquiry form to contact attorneys HERE