You have 30 days to protect your license. A DWI arrest in Louisiana starts a separate clock. The officer typically issues a temporary permit good for 30 days, and you have 30 days from the arrest to request an administrative hearing with the Office of Motor Vehicles. Miss that window and your license is suspended automatically, no matter what happens in the criminal case. Call now, not after your first court date.
A DWI is not a traffic ticket. In Louisiana it is a criminal charge under Revised Statute 14:98. In Lafayette, most arrests happen along Johnston Street, Ambassador Caffery Parkway, the University corridor, or on I-10 and I-49, and they are made by the Lafayette Police Department, the Lafayette Parish Sheriff, or State Police. A first or second DWI is heard in Lafayette City Court. A third or subsequent DWI is a felony and moves to the 15th Judicial District Court.
The Law Office of Heather C. Ford defends DWI cases throughout Acadiana and can move quickly to protect both your license and your record.
The prosecution under RS 14:98, handled by the City Court prosecutor or, for a felony, the 15th JDC District Attorney. It decides guilt, fines, jail, and probation, and it can take months.
A separate civil action against your driving privilege, run by the Office of Motor Vehicles, triggered the moment you fail or refuse a chemical test. This is the one with the 30-day deadline, and it is the one people lose by default simply because they did not know to act.
Under Louisiana’s implied consent law, when you fail a breath or blood test at or above 0.08, or refuse one, the officer can seize your license and hand you a temporary permit good for about 30 days. To keep your license past that, you or your attorney must request an administrative hearing with the Office of Motor Vehicles within 30 days of the arrest. Miss it and the suspension takes effect automatically, even if your criminal charge is later reduced or dismissed. Learn more about how your license is affected after a DWI and Louisiana’s implied consent law.
If you refused the test, the suspension is usually longer and carries its own consequences, though it does not end the case and can sometimes help the defense. See what happens if you refuse the breathalyzer.
Penalties under RS 14:98 climb with each offense and with your BAC. The figures below are current Louisiana law and general information, not a prediction about your case.
| Offense | Fine | Jail | License suspension |
| 1st offense
(RS 14:98.1) |
$300 – $1,000 | 10 days to 6 months, often probated with a mandatory minimum of 48 hours in jail or 32 hours of community service, plus programs. | About 90 days up to 12 months. Two years if BAC was 0.15 or higher. |
| 2nd offense within 10 years
(RS 14:98.2) |
$750 – $1,000 | 30 days to 6 months, mandatory minimum of 48 hours without parole. Ignition interlock required. | Up to 4 years, longer with a high BAC. |
| 3rd offense (felony)
(RS 14:98.3) |
$2,000 | 1 to 5 years, mandatory minimum of 1 year without parole. Handled by the 15th JDC. | Multi-year suspension with interlock and treatment. |
The legal limit is 0.08, but the number keeps mattering. A BAC of 0.15 to 0.19 triggers enhanced penalties, including a longer suspension and higher mandatory minimums, and 0.20 or higher enhances it again. A fourth offense is a felony carrying a $5,000 fine and 10 to 30 years, which shows how fast this escalates when it is not fought early.
CDL holders: a DWI is a major violation that means at least a one-year CDL disqualification, even on a first offense, in a truck or your own car. See CDL suspension after a DUI.
A first or second DWI is a misdemeanor handled at Lafayette City Court on East Convent Street. A third offense is a felony and is prosecuted at the 15th JDC. For qualifying cases, the 15th JDC also runs a Sobriety Court focused on treatment and monitoring rather than incarceration, which can be the right path for some clients. We will tell you honestly whether it fits your situation.
A DWI has many moving parts, and each is a place to push back.
An officer needs a real reason to pull you over. If the stop does not hold up, the evidence that came after it can be challenged.
The standardized tests must be administered and scored a specific way, accounting for medical conditions, footwear, and nerves. Done wrong, the results are far less reliable than a police report suggests.
Breath machines must be maintained and calibrated and run by a certified operator after an observation period. Blood draws have chain-of-custody rules. We request the records and look for the gaps.
Where the state’s proof is weak, that is leverage toward a dismissal, a reduction, or the best available resolution.
Louisiana allows a deferral under Article 894 for some first offenses, which can keep a conviction off your record if you complete the conditions. It is not automatic, does not erase the offense for future enhancement, and is not available to CDL holders. On the license side, where you qualify we pursue a hardship license so you can keep getting to work while the case is pending.
Save your license by meeting the 30-day deadline instead of letting the suspension happen by default.
Protect your record and your job by fighting the charge rather than pleading to whatever is offered.
Lose the fear by having someone who knows the Lafayette courts handle it with you.
The most important step is the fastest one, because the 30-day clock does not wait. Call or text the Law Office of Heather C. Ford for a free, confidential consultation. Read more about DWI defense, what a DUI costs in Louisiana, and second-offense penalties.
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Between myself and my family, we keep Heather busy! She is very professional and knowledgeable. I have spent a lot of money and ruined my driving record paying off speeding tickets but when I found Heather, I found that she is the best
My experience with the Law Office of Heather C. Ford was outstanding. I would recommend this team to anyone that has received a traffic ticket in the metro New Orleans area....
I found Heather online after searching for a traffic lawyer. Since I am not from the area, I was not 100% sure but went with my gut after reading the positive comments. And I was right! I am really pleased with Heather Ford's...
I was thrilled when Heather was able to get my ticket reduced to a non-moving violation and the judge waived fees. I never thought that was possible. I was certain I'd have to pay something. She's great...
Ms. Ford is all that I could ask for in an advocate.
My experience has been as pleasurable as can be expected when you need a lawyer.
Louisiana law calls it operating while intoxicated, and most people know it as DWI. DUI and DWI mean the same thing here. Either way it is a criminal charge under RS 14:98.
Thirty days from the arrest to request an administrative hearing with the Office of Motor Vehicles. Your temporary permit is usually good for that same window. Miss it and the suspension is automatic, separate from your criminal case.
A first or second DWI is a misdemeanor heard at Lafayette City Court. A third or subsequent DWI is a felony handled at the 15th Judicial District Court.
Not necessarily. A first offense is often resolved with probation and a mandatory minimum of 48 hours in jail or community service, though a high BAC or aggravating facts can change that.
Sometimes, through an Article 894 deferral or, for qualifying clients, Sobriety Court. It is not automatic and not available to CDL holders. We will give you an honest read.
Refusing carries its own suspension and does not automatically end the case. Whether it helps or hurts depends on the facts, which we will review with you.
We quote a flat fee up front during a free consultation. Set against the full cost of a conviction, early representation is usually the least expensive path.
