On this page
- What happens to your driver's license when you are arrested for DWI?
- How long do you have to request an OMV hearing in Louisiana?
- Why is the OMV hearing worth requesting?
- What should you do in the first week after a DWI arrest?
- How long is the administrative suspension after a DWI arrest?
- Can you get a hardship or restricted license after a DWI?
- What license suspension follows a DWI conviction?
- What if you drive while your license is suspended?
- What about commercial driver's licenses?
What happens to your driver's license when you are arrested for DWI?
When you are arrested for DWI in Louisiana, the officer takes your physical license and gives you a receipt. That receipt works as a temporary license for up to 30 days from the date of arrest. During those 30 days, you can request an administrative hearing to challenge the suspension.
This license case is separate from the criminal DWI case. It is handled by the Office of Motor Vehicles (OMV) through the Department of Public Safety and Corrections, not by the criminal court. You can win or lose one without the other, so it pays to fight both.
How long do you have to request an OMV hearing in Louisiana?
You have 30 days from the date of your arrest to send a written request for an administrative hearing. If you miss that deadline, the suspension takes effect automatically. There is no reminder letter that saves you. The clock starts on the day of the arrest, not the day you get around to calling a lawyer.
This is why the first phone call matters so much. If you call The Barry S. Ranshi Law Firm at (504) 905-8399 soon after your arrest, we can make sure the hearing request goes out on time while we start on the criminal side of the case. We answer 24/7, including weekends.
Why is the OMV hearing worth requesting?
Requesting the hearing keeps your options open. If you do nothing, the suspension simply starts, and you lose the chance to challenge it. If you request it, you have a forum to question whether the suspension should be imposed at all.
The hearing can also be useful for the criminal case. It can be an early look at the paperwork and the reasons the officer gives for the stop, the arrest and the test. Details that come out early can help your lawyer plan the defense of the DWI charge itself.
Finally, requesting the hearing does not stop you from applying for a restricted license if you need to keep driving to work, school or medical appointments. A lawyer can explain how the two paths fit together in your situation.
What should you do in the first week after a DWI arrest?
The first week is when people lose the most ground, usually by waiting. Use this short checklist:
- Find your receipt. The paper the officer gave you is your temporary license. Keep it with you when you drive.
- Mark the 30th day on your calendar. Count from the date of the arrest, not the date you were released.
- Gather your paperwork. Keep the citation, bond papers, any tow or impound records and any notice of a court date together.
- Write down what happened. Note the time, place, what you were asked to do and what you said, while your memory is fresh.
- Do not drive on a suspended license. It creates a new charge and extends the suspension.
- Call a DWI lawyer. A lawyer can send the hearing request and start on the criminal case at the same time.
How long is the administrative suspension after a DWI arrest?
The length of the administrative suspension depends on whether you took the test, what it showed and whether you have prior suspensions. These periods come from La. R.S. 32:667 as amended in 2024.
| Situation | First | Second or later |
|---|---|---|
| Test result 0.08% to 0.149% | 180 days | 365 days (within 5 years) |
| Test result 0.15% or higher | 2 years | 4 years |
| Refused the test | 1 year | 2 years (within 10 years) |
| Under 21, BAC 0.02% or more | 180 days | Varies |
Many older websites still say a first failure means 90 days, and that the higher tier starts at 0.20%. Both were true before July 1, 2024. Today a first failure is 180 days, and the higher tier starts at 0.15%.
Can you get a hardship or restricted license after a DWI?
Yes, in most cases. For a first or second suspension where you refused or tested under 0.15%, you are immediately eligible for a restricted license once an ignition interlock is installed in your vehicle. If you tested at 0.15% or more, a hardship license is available for the full 2-year (first) or 4-year (second) suspension, again with an interlock.
There is an important exception. If you refused and the crash caused a death or serious bodily injury, with impairment as a contributing factor, no hardship license is available. Older websites describe a 30-day waiting period before a hardship license. The current law says you are immediately eligible with an interlock.
When is an ignition interlock required?
Louisiana requires an ignition interlock as a condition of getting your license back in several situations, including if you:
- refused the chemical test;
- tested at 0.08% or more on an arrest within 10 years of a prior arrest;
- were in a DWI crash that caused moderate or serious bodily injury; or
- had a child 12 or younger in the car.
The interlock must stay on for at least 6 months, or for the length of the suspension, with credit for time already driven on a restricted license with an interlock.
What license suspension follows a DWI conviction?
A DWI conviction can bring its own OMV suspension, separate from the arrest-based one. According to OMV policy, conviction-based suspensions are generally:
- DWI first offense: 365 days
- First offense at 0.15% or more: 730 days
- Second offense: 730 days
- Second offense at 0.15% or more: 1,460 days
- Third offense: 1,095 days
How the arrest suspension and the conviction suspension overlap, and what credit you get, can depend on the details. That is one reason to have one lawyer handle the license case and the criminal DWI case together. The criminal penalties are covered in our Louisiana DWI penalties guide.
What if you drive while your license is suspended?
Driving under suspension is its own crime, and it makes everything worse. A first offense can mean up to $500 and up to 6 months for a regular license, and up to $5,000 for a commercial license. If your suspension was DWI-related, later offenses carry at least 7 days in jail served without benefit. On conviction, your existing suspension is automatically extended by 1 year.
If you are not sure whether you are allowed to drive, ask before you get behind the wheel. A restricted license with an interlock is almost always a better path than driving without permission. It keeps you on the road legally, and it shows the court you are taking the case seriously. A new charge for driving under suspension, on the other hand, can follow you into the DWI case and make a good result harder to reach.
What about commercial driver's licenses?
A CDL holder faces separate federal rules. A DWI in any vehicle, including your personal car, or a refusal, is a "major offense" that disqualifies your CDL for 1 year, or 3 years if you were hauling hazardous materials. A second major offense can mean a lifetime disqualification, with possible reinstatement after 10 years. Federal rules also bar states from hiding or diverting a CDL holder's traffic conviction.
If you drive for a living, call (504) 905-8399 as soon as possible. The free, confidential consultation lets us look at both your license and your job. See our guide on refusing a breathalyzer for more on refusals.