The handcuffs come off and the questions start.
Am I going to jail? Will I lose my license? Do I have to tell my employer? How am I supposed to get to work tomorrow?
Here is the part almost nobody tells you at the jail. You have a separate deadline that has nothing to do with your court date. You have 30 days from your arrest to request an administrative hearing, or you lose your license without ever seeing a judge.
The Law Office of Heather C. Ford defends DWI and DUI cases in New Orleans and across Louisiana. We handle both fights, the criminal case and the license case, because winning one and ignoring the other still leaves you without a way to drive.
Louisiana calls the offense operating a vehicle while intoxicated. DWI, DUI, and OWI all refer to the same thing here, and it is charged under Revised Statute 14:98.
The state can prove the case two different ways:
The limit is lower for some drivers. It is 0.04 percent for a commercial driver operating a commercial vehicle, and 0.02 percent for anyone under 21.
One detail that surprises people. Louisiana courts read “operating” broadly. You do not have to be moving. Sitting behind the wheel with the engine running and exercising control over the vehicle has been enough to support the element of operation.
Penalties escalate with each offense, and Louisiana counts prior convictions from the past ten years.
First offense is a misdemeanor. Under Revised Statute 14:98.1, it carries a fine of $300 to $1,000 and 10 days to 6 months in jail. If the court grants probation, the minimum becomes 48 hours in jail that cannot be suspended, or 32 hours of community service.
Second offense is also a misdemeanor, with higher fines, a longer jail range, and mandatory time that cannot be suspended.
Third and fourth offenses are felonies, with substantially longer sentences and, starting at the third offense, vehicle seizure provisions.
Your BAC changes the math even on a first offense:
A DWI also becomes a felony regardless of prior record when someone is seriously injured or killed.
This is where most people lose ground before they ever hire a lawyer. There are two separate proceedings, and they run on different clocks.
The administrative case. Under Revised Statute 32:667, if you failed or refused the chemical test, the officer seizes your license at arrest and hands you a temporary receipt good for up to 30 days. That paper is also your notice. You have 30 days from the date of arrest to submit a written request for an administrative hearing to the Department of Public Safety and Corrections.
Request the hearing and your temporary driving privileges are extended until the process concludes. Miss the deadline and the suspension takes effect automatically.
Some sources still say you have 15 days. That is outdated. The current statute says 30 days.
The criminal case. A conviction triggers its own suspension under Revised Statute 32:414. When both apply, the suspensions run concurrently and the total cannot exceed the longer of the two.
Typical suspension lengths, according to the Louisiana Highway Safety Commission:
Louisiana does not use a driver points system, so a DWI does not add points. It does something worse. It creates a criminal conviction and a suspension.
Often yes, with an ignition interlock device. Under Revised Statute 32:667, a person suspended for a first or second offense who either refused the test or tested below 0.15 percent becomes immediately eligible for a restricted license once they prove an interlock is installed on their vehicle. If the department refuses to issue it, a district court can order it.
There is also a separate economic and medical hardship route under Revised Statute 32:415.1, which carries its own eligibility limits and does not cover every case, including certain refusals. Which path fits depends on your test result, your offense history, and how the charge is resolved, so ask before you assume you cannot drive.
Louisiana has an implied consent law. By driving here, you are considered to have agreed to chemical testing if you are lawfully arrested for impaired driving.
Refusing does not make the case disappear:
Refusal is sometimes the lesser harm and sometimes not. Either way, the 30-day hearing deadline still applies.
The sentence is only part of it. A conviction can reach into:
There is no such thing as an automatic conviction. Every DWI case has three places to look for problems.
The stop. Police need a lawful reason to pull you over. If the stop was not justified, what came after it can be challenged.
The testing. Breath instruments require proper maintenance, calibration, and certified operators. Blood draws require proper collection, storage, and chain of custody. Field sobriety tests have standardized procedures officers often fail to follow, and medical conditions, injuries, footwear, and road conditions all affect performance.
The evidence. Body camera and dash camera video frequently contradict the narrative in the report. So do witnesses.
The goal is not always trial. Sometimes it is a dismissal, sometimes a reduction to a lesser charge, sometimes a resolution that keeps the conviction off your record.
It depends on how you were charged, and the answer matters because the procedures and prosecutors differ.
A quick way to tell which system you are in is to read your charging document. If it cites a Louisiana Revised Statute, you are in the state system. If it cites a Municipal Code section, it is a city charge.
Move on these in order:
The clock started the day you were arrested, and the license deadline comes first.
If you were arrested for DWI or DUI in New Orleans, contact the Law Office of Heather C. Ford for a case review. We will explain what you are facing, protect your driving privileges while the case is pending, and look for every weakness in the state’s evidence.
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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.
The range is 10 days to 6 months, but first offenses are commonly resolved with probation. With probation, the law still requires 48 hours in jail that cannot be suspended, or 32 hours of community service.
30 days from the arrest date to submit a written request for an administrative hearing. This deadline is separate from your court date.
No. Louisiana has no points system. A DWI creates a criminal conviction and a license suspension instead.
A conviction stays on your criminal record unless it is set aside under Code of Criminal Procedure article 894 or expunged. Prior convictions count for ten years when the state calculates whether an offense is a second, third, or fourth.
Yes. Outcomes depend on the stop, the testing, and the evidence. Many cases have real weaknesses that are only found by reviewing the video and the instrument records.
The consequences reach your license, your job, and your record. At minimum, have the case reviewed before you plead to anything.
