This page is general legal information, not legal advice about your specific case. Penalties described are current Louisiana law and can change. For advice on your arrest, speak with an attorney.
You have 30 days to protect your license.
In Louisiana, a DWI arrest starts a separate clock on your driver’s license. 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 a lawyer 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, and in St. John the Baptist Parish it is prosecuted by the District Attorney at the 40th Judicial District Court in Edgard. Most arrests here happen along the I-10 and I-55 corridor, on Airline Highway, or on the surface streets around Belle Terre, and they are made by the St. John Parish Sheriff’s Office or Louisiana State Police Troop B.
Because LaPlace is unincorporated, there is no local city court to handle any of this. Your criminal case goes to Edgard, across the river, and a separate case against your license runs through the state Office of Motor Vehicles at the same time. You are fighting on two fronts at once, and one of them has a deadline most people never hear about until it has passed. The Law Office of Heather C. Ford defends DWI cases throughout St. John Parish and can move on both fronts immediately.
Understanding this is the single most important thing for a person who was just arrested, because the two cases move on different tracks and different clocks.
This is the prosecution under RS 14:98, handled by the St. John DA at the 40th JDC. It decides guilt, fines, jail, probation, and the conditions you will live under. It can take months to resolve.
This is a civil action against your driving privilege, run by the Office of Motor Vehicles, and it happens whether or not you are ever convicted of anything. It is 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 when you refuse one, the officer can seize your license on the spot and hand you a temporary permit. That permit is generally valid for 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 the request and the suspension takes effect automatically. You do not get a second chance at it later, and it applies even if your criminal charge is eventually reduced or dismissed. This is why calling a lawyer in the first days matters so much. 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 a refusal carries its own consequences under the implied consent law. It does not end the case, and in some situations it can actually help the defense. See what happens if you refuse the breathalyzer.
Penalties under RS 14:98 climb quickly with each offense and with your BAC. The table below reflects current Louisiana law and is general information, not a prediction about your case.
| Offense | Fine | Jail | License suspension |
|---|---|---|---|
| 1st offense (RS 14:98.1) |
$300 to $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 substance abuse and driver improvement programs. | About 90 days up to 12 months. Two years if your BAC was 0.15 or higher. |
| 2nd offense within 10 years (RS 14:98.2) |
$750 to $1,000 | 30 days to 6 months, with a mandatory minimum of 48 hours served without parole (more if BAC 0.15+). 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, with a mandatory minimum of 1 year served without parole. Much of the sentence cannot be suspended. | Multi-year suspension with interlock and treatment conditions. |
Louisiana sets the legal limit at 0.08, but the number keeps mattering above that. A BAC of 0.15 to 0.19 triggers enhanced penalties, including a longer license suspension and a higher mandatory minimum. A BAC of 0.20 or higher enhances the penalty again, with more mandatory jail time. A fourth offense is a felony under RS 14:98.4 carrying a $5,000 fine and 10 to 30 years, which shows how fast this escalates when it is not fought early.
CDL holders, this is a career issue. A DWI is a major violation that means at least a one-year CDL disqualification, even on a first offense, and it applies whether you were in a truck or your own car. See CDL suspension after a DUI and our LaPlace CDL page.
Knowing the road ahead takes some of the fear out of it. A St. John Parish DWI generally moves through these stages.
A DWI has many moving parts, and every one of them is a place to push back. A charge is not a conviction, and the state has to prove each link in the chain.
An officer needs a real reason to pull you over. If the stop was not supported, the evidence that came after it can be challenged, and that can unravel the whole case.
The standardized tests have to be administered and scored a specific way, on suitable ground, accounting for medical conditions, footwear, and nerves. Done wrong, the results are far less reliable than they look on a police report.
Breath machines must be maintained and calibrated, and run by a certified operator following the observation period. Blood draws have chain-of-custody rules. We request the maintenance and certification records and look for the gaps.
Alcohol keeps absorbing after a stop, so your BAC at the machine is not necessarily your BAC behind the wheel. That gap between the driving and the test is a recognized line of defense.
Where the state’s proof is weak, that is leverage, whether the goal is a dismissal, a reduction to a lesser charge, or the best available resolution.
Sometimes, and we will be straight with you about it. Louisiana allows a deferral under Article 894 for certain first offenses, which can keep a conviction from appearing on your record if you complete the conditions. It is not automatic, it does not erase the offense for future enhancement if you are ever arrested again, and it is not available to CDL holders. We will tell you honestly whether it is realistic in your situation rather than promise it.
Losing your license can cost you your job, which is why we treat the license side as urgently as the criminal side. Where you qualify, Louisiana allows a restricted or hardship license, sometimes with an ignition interlock, so you can still get to work and meet your obligations. See whether you can get a hardship license after a DWI. We pursue that in parallel with fighting the charge.
The fine on the statute is only the beginning. A Louisiana DWI conviction realistically reaches into the thousands of dollars once you add it all up, and some of it follows you for years.
Weighed against that, getting a lawyer involved early is usually the least expensive decision you can make. Here is more on what a DUI costs in Louisiana.
Save your license by meeting the 30-day deadline and fighting the suspension, not letting it happen by default.
Protect your record and your job by fighting the charge itself rather than pleading to whatever is offered.
Lose the fear of the unknown by having someone who knows the 40th JDC and the DA’s office walk you through every step.
The most important step is also 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 today. You can also read more about DWI defense, second-offense DWI penalties, and the St. John Parish traffic court.
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 the offense operating a vehicle 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 date of arrest to request an administrative hearing with the Office of Motor Vehicles. Your temporary permit is usually good for that same 30-day window. Miss it and the suspension takes effect automatically, separate from your criminal case, which is why calling a lawyer immediately matters.
Refusing has its own consequences under the implied consent law, including a license suspension, and it does not automatically end the case. Whether the refusal helps or hurts depends on the facts, and it is something we will review with you.
At the 40th Judicial District Court in Edgard, prosecuted by the St. John the Baptist Parish District Attorney. The courthouse is on the west bank, across the river from LaPlace. We handle those appearances with you.
Sometimes, through an Article 894 deferral, if you qualify and complete the conditions. It is not automatic, it does not erase the offense for future enhancement, and it is not available to CDL holders. We will give you an honest read on your case.
We will quote you a flat fee up front during a free, confidential consultation. Set against the full cost of a conviction, interlock, SR-22, lost income, and a record, early representation is usually the least expensive path.
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. The outcome depends on the facts and how the case is handled.
