Drivers License Suspension Laws
*Warning*
You have only 15 days to
apply for a hearing.
When a person is arrested for DWI and either
refuses to submit to a breath alcohol or blood alcohol
test or submits to a breath alcohol or blood alcohol test
with a reading of .10 or above, the arresting officer
will seize the person's driver's license and issue in
its place a temporary license which is good for 30 days.
When this happens you have the right to
an Administrative Hearing to determine if your driver's
license will be suspended. In order to obtain an Administrative
Hearing you must apply for the hearing, in writing, within
15 days of your arrest. If you do not timely apply for
a hearing, your driver's license will be suspended when
the 30 day temporary driver's license expires. Your written
request for a hearing can either be hand delivered to:
Louisiana Department
of Public Safety and Corrections
Litigation Support Unit
109 South Foster Drive
Baton Rouge, Louisiana 70806
or it can be mailed to:
Louisiana Department
of Public Safety and Corrections
Litigation Support Unit
P. O. Box 64886
Baton Rouge, Louisiana 70896
The safest means to request a hearing is,
of course, to hand deliver, file and have date stamped
the original request and a copy (which you retain for
your records) to 109 South Foster Drive, Baton Rouge,
Louisiana 70806. If this is impossible, then you must
make sure that your mailed request is post-marked within
15 days of the arrest.
DRIVER'S LICENSE SUSPENSIONS
First Refusal:
180 days with eligibility for hardship license after
first 90 days.
*Second Refusal: 545 days without eligibility for
hardship license.
First Submittal:
90 days with eligibility for hardship license after
first 30 days.
*Second Submittal: 365 days without eligibility
for hardship license.
DRIVER'S LICENSE SUSPENSION (Under 21)
Refusal:
180 days
Submittal: 180
days
DRIVER'S LICENSE SUSPENSION (Commercial
Driver's License)
| First
DWI in a Commercial Vehicle |
1 year |
| BAC
of .04 or more while Operating a Commercial Vehicle
|
1 year |
|
First Refusal
to Submit to an Alcohol Concentration or Drug Test
While Operating a Commercial Vehicle
|
1 year |
| Second
DWI in a Commercial Vehicle |
Life |
| Second
BAC of .04 or more while Operating a Commercial Vehicle
|
Life |
|
Second Refusal
to Submit to an Alcohol Concentration or Drug Test
while operating a Commercial Vehicle
|
Life |
Louisiana does not allow an economic hardship
license to operate a commercial vehicle.
DRIVING UNDER SUSPENSION
The crime of driving under suspension is
punishable by a fine of up to $500.00 or imprisonment
for up to 6 months or both. Additionally, a "civil penalty"
of up to $1,250.00 may be applied. Also, upon conviction
for driving under suspension, the person's driver's license
will be suspended for an additional 1 year.
