Can I Lose My License for a First DWI in Louisiana?
Being charged with a first DWI in Louisiana is a stressful and overwhelming experience. One of the first questions most people ask is, “Can I lose my license for a first DWI in Louisiana?” The simple answer is yes. However, there are ways to fight the charges and minimize the consequences. This blog will:
- Discuss what happens after a first DWI
- Discuss what steps you can take to protect your driving privileges.
What Happens After a First DWI in Louisiana?
In Louisiana, driving while intoxicated (DWI) means operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. For drivers under 21, the limit is 0.02%. Even a small amount of alcohol can lead to a DWI charge if you’re underage.
Here’s a breakdown of what can happen:
- A first DWI offense is a misdemeanor but comes with serious penalties.
- Law enforcement may use a field sobriety test or BAC test to issue charges.
- Penalties can include fines, a jail sentence, or a driver’s license suspension.
- You may need to attend a substance abuse program or a driver improvement program.
Wondering what happens after a first DWI in Louisiana? Expect significant penalties that disrupt your daily life.
Can I Lose My License for a First DWI in Louisiana?
Yes, you can. Louisiana law allows for an automatic suspension of your license if you’re charged with a DWI. Even if your case hasn’t gone to trial yet, the Office of Motor Vehicles (OMV) in the State of Louisiana handles this suspension separately from criminal court.
Here’s what to expect:
- A first DWI offense typically results in a 90-day suspension.
- If your BAC was 0.20% or higher, or if you’re under 21, your suspension could last up to 2 years.
- Refusing a breathalyzer or chemical test may lead to a suspension of up to 1 year.
Driver’s license suspension happens automatically, but you have options to challenge it. Request a hearing through the OMV within 30 days of your arrest. An experienced DWI attorney can help shorten or even stop the suspension.
For more information on a first offense DWI in Louisiana, click here.
For more information on a second offense DWI in Louisiana, click here.
For more information on a third or fourth offense DWI in Louisiana, click here.
How to Request a Hardship License After a First DWI in Louisiana
Losing your license after a DWI can disrupt your life in significant ways. Without the ability to drive, getting to work, school, or medical appointments becomes a major challenge. Fortunately, Louisiana offers a solution through the hardship license, which allows restricted driving privileges during your suspension period. This way, you can maintain some control over your daily responsibilities even while your license is suspended.
So, can I lose my license for a first DWI in Louisiana without any option to drive? The answer is not necessarily—applying for a hardship license can help. Here’s what you need to know about the process.
Eligibility for a Hardship License
To qualify for a hardship license in Louisiana, you must meet certain requirements, including:
- Completion of Required Programs: You will likely need to complete a substance abuse program or driver improvement program as mandated by the court or the Office of Motor Vehicles.
- Installation of an Ignition Interlock Device (IID): This device prevents your car from starting if it detects alcohol on your breath. The IID is a crucial condition for regaining any driving privileges. It will need to be installed in your vehicle at your expense.
- Proof of Need: You will have to show that you need a hardship license to maintain employment, attend school, or meet medical or family obligations. Simply wanting to drive for personal reasons won’t qualify you for this type of license.
The Application Process
To begin the hardship license application process, you will need to submit a request to the Office of Motor Vehicles. You will also need to provide documentation that supports your need for restricted driving privileges, such as an employer letter, proof of school enrollment, or medical records.
Once you’ve met the eligibility criteria, you’ll need to pay the associated fees, including the cost of the IID installation and maintenance. Afterward, you can expect to have your driving limited to essential activities only, like commuting to work or medical appointments. Non-essential driving remains prohibited.
Benefits of a Hardship License
A hardship license is not the same as full driving privileges, but it provides much-needed relief for those whose lives would otherwise be upended by a lengthy suspension. If you’re able to secure a hardship license, you’ll have the freedom to continue working, attending school, or managing necessary daily tasks, all while ensuring that you’re compliant with court orders and Louisiana law.
For more information on how prior DUI convictions can impact your sentencings and the penalties you may face you can read about it here.
What Happens If You Refuse a Breathalyzer?
Refusing a breathalyzer in Louisiana leads to serious consequences. The state has an “implied consent” law, meaning that by driving, you agree to take a test if an officer suspects driving while intoxicated.
Here’s what happens if you refuse:
- Automatic driver’s license suspension for 1 year after a first refusal.
- For subsequent refusals, the suspension lasts longer.
Some people think refusing the test helps, but it doesn’t. The penalties are as harsh as a DWI conviction. A defense attorney can help you fight the DWI charge in court, but the refusal itself often leads to a longer suspension.
How a DWI Attorney Can Help You Keep Your License
Facing a DWI charge doesn’t mean you’ll definitely lose your license. A skilled defense attorney can help reduce the impact on your driving privileges. Can I lose my license for a first DWI in Louisiana without an attorney’s help? Yes, but with legal support, you can fight for a better outcome.
Here’s how an attorney helps:
- Challenging the License Suspension: Your attorney can request an OMV hearing to contest the suspension. If successful, this could stop the suspension entirely or shorten it.
- Applying for a Hardship License: If your license is suspended, your attorney will help you apply for a hardship license, ensuring you meet all the requirements.
- Fighting the DWI Charge in Court: Your attorney may be able to get the DWI charge reduced or dismissed. This could eliminate or reduce penalties like fines, jail time, and license suspension.
- Negotiating Reduced Penalties: If charges can’t be dropped, your attorney can work to reduce the penalties. This might involve lower fines, probation instead of jail, or a shorter suspension. If you’re a first-time offender, your attorney will fight to keep the criminal record from affecting your life for 12 months or longer.
If you’re facing felony charges or a subsequent offense, a strong defense can help minimize your penalties.
For more answers to your questions, visit our FAQ: DWI Page.
To see the status of your license and if it has been reinstated visit the Louisiana Office of Motor Vehicles here.
Get Help Today-Don’t Wait
Losing your license after a first DWI in Louisiana is a serious possibility. However, it’s not inevitable. Can I lose my license for a first DWI in Louisiana? Absolutely, but with the right legal strategy, you can reduce or avoid the worst outcomes.
At Phillips Law, we’re know to not just fight, but win for clients facing DWI charges. Whether it’s your first offense or you’re a multiple time offender, we know how to fight for your rights in the State of Louisiana. Contact us today for a free consultation at 504-434-7000 and learn how we can help you after a DWI arrest.
