Getting pulled over after a night out can be unsettling, especially if you’ve exceeded the legal limit. A DWI arrest doesn’t mean you’ll lose your license immediately, but it can affect your ability to drive. Questions about commuting, running errands, or picking up your kids can add to the stress. Understanding your options and taking the right steps can help you navigate this situation and protect your driving privileges.
David E. Stanley, APLC, helps you navigate a DWI arrest with confidence. With extensive experience in DWI defense, the firm guides clients in understanding their rights, taking the right legal steps, and protecting their driving privileges. The right legal support can positively impact your case and help you move forward.
Temporary License After DWI: What You Need to Know
A doesn’t mean you lose your license right away. You may qualify for a temporary license, allowing you to drive for a limited time. If you request an Administrative Hearing within 30 days, you can challenge the suspension and protect your driving privileges. Understanding your options helps you take the right steps forward.
Immediate Aftermath of a DWI Arrest
After a DWI arrest, you receive a temporary driving permit that allows you to drive for up to 30 days. This period allows you to challenge the suspension of your license and explore legal options to retain your driving privileges.
The Critical 30-Day Window
Within 30 days of your arrest, you have the right to request an Administrative Hearing. This hearing allows you to present evidence and challenge the proposed suspension of your license before it takes effect. You must act within this timeframe, or your license will be automatically suspended once the temporary permit expires.
Understanding Temporary and Restricted Licenses
Temporary License
A temporary driving permit allows you to continue driving for 30 days after a DWI arrest and remains valid while awaiting the results of your Administrative Hearing, if requested.
Restricted License
A restricted license allows driving for essential purposes—such as commuting to work, attending medical appointments, and handling necessary errands—during a suspension.
The Role of Blood Alcohol Concentration (BAC)
A BAC of 0.08% or higher leads to a license suspension, while refusing a chemical test results in an immediate suspension under Louisiana’s implied consent law. These factors play a key role in the outcome of your case and the length of any suspension.
Legal Representation: A Crucial Step
Hiring a DWI attorney immediately after your arrest can make a significant difference. An experienced lawyer can:
- File a request for an Administrative Hearing
- Work on extending your temporary driving privileges
- Develop strategies to contest the charges
- Navigate complex legal procedures on your behalf
Challenging Implied Consent Violations
Law enforcement must follow specific protocols during a DWI stop, including providing proper warnings about the consequences of refusing chemical tests. A skilled attorney can review whether law enforcement followed proper procedures and challenge any violations that may impact your case.
Building a Strong Defense
A solid defense may involve:
- Determining if law enforcement had a valid reason to stop you
- Examining the accuracy of BAC testing methods
- Confirming that all arrest procedures were properly followed
Facing a DWI charge can feel overwhelming, but you have rights and legal options. Taking prompt action and consulting with an attorney can influence the outcome of your case and help you keep your driving privileges.
Frequently Asked Questions
Is My License Automatically Suspended After a DWI Arrest in Louisiana?
No, your license doesn’t get suspended automatically after a DWI arrest in Louisiana. You have 30 days from the arrest date to request an Administrative Hearing and challenge the suspension of your driving privileges. Taking action within this period allows you to present your case before the suspension takes effect.
How Long Is a License Suspension for a First-Offense DWI in Louisiana?
For a first-offense DWI in Louisiana, drivers 21 and older may face a license suspension of up to 90 days, while those under 21 may have their license suspended for 180 days. A BAC of 0.20% or higher can extend the suspension to two years.
Can I Continue to Drive After a DWI Arrest in Louisiana?
Yes, you can continue driving for 30 days after a DWI arrest in Louisiana using a temporary license. Requesting an Administrative Hearing within this period may allow you to continue driving until a final decision is made.
What Is the Legal BAC Limit in Louisiana?
In Louisiana, the BAC limit is:
- 0.08% for drivers 21 and older
- 0.04% for commercial drivers
- 0.02% for drivers under 21
Do I Have the Right to Refuse a Breathalyzer Test in Louisiana?
Yes, you have the right to refuse a breathalyzer test in Louisiana. However, refusing a breathalyzer test may lead to an immediate license suspension of one year for a first refusal and two years for subsequent refusals within 10 years under Louisiana’s implied consent law. You can challenge the suspension by requesting an Administrative Hearing within 30 days of your arrest.
Choose David E. Stanley, APLC, for Your DWI Defense
David E. Stanley, APLC, provides strong legal defense for those facing DWI charges in Louisiana. With over 40 years of experience, we have helped many clients protect their rights and driving privileges. Our firm navigates the complexities of DWI law, guiding you through the legal process and working toward the most favorable outcome for your case.
David E. Stanley, APLC
1055 Laurel Street, Suite 2 Baton Rouge, LA 70802
225-926-0200