Local DUI Laws

Timeline Overview for DWI Cases in Louisiana

In Louisiana, impaired driving offenses are prosecuted under the legal term DWI, or Driving While Intoxicated. One of the most common questions people ask after a DWI arrest is how long the case will take to resolve. The answer depends on several factors, including whether it’s a first-time offense, whether the case goes to trial, and how busy the local court system is.

DWI cases in Louisiana don’t follow a fixed timeline, but there is a general sequence of steps—starting with the arrest and ending with a court resolution or license reinstatement. While some cases may wrap up in a few weeks, others can stretch over several months.

This post provides a clear explanation of what affects the scope and duration of a DWI case in Louisiana. It outlines the standard progression from arrest to final resolution and helps clarify what can speed up or delay the process. It’s written for educational purposes and is not legal advice.

Immediate Aftermath: Arrest and Booking (Day 1)

The DWI timeline begins the day of the arrest. Once a driver is pulled over and suspected of impairment, they may be subject to field sobriety tests, a breathalyzer, or blood testing. If probable cause is established, the individual is taken into custody.

During the booking process, the following occurs:

• Fingerprinting and photographing
• Confiscation of the driver’s license
• Possibly a second chemical test
• Temporary release on bail or recognizance

The administrative and criminal cases begin to diverge at this point. The Louisiana Office of Motor Vehicles (OMV) starts its process regarding license suspension, while the court system prepares to move the case forward.

In the days after arrest, a person may receive a temporary driving permit and a notice outlining their right to challenge a pending license suspension.

License Suspension Timeline (Weeks 1–4)

Administrative license suspension is one of the first time-sensitive events in a DWI case. In Louisiana, if a driver either refused chemical testing or tested at or above 0.08% BAC, the OMV may move to suspend their license. The driver has 30 days from the date of arrest to request a hearing to contest the suspension.

If the hearing is not requested, or if the challenge is unsuccessful, the license suspension goes into effect. Typical durations are:

• 90 days for a first offense with BAC over the limit
• 1 year for refusing to submit to a test
• Longer suspensions for repeat offenses

This administrative suspension occurs independently of the court case and can happen while the criminal charges are still pending.

Arraignment and Court Process (Weeks 2–6)

The first court appearance in a Louisiana DWI case is typically the arraignment, which may occur within two to six weeks of the arrest. At this hearing:

• Charges are formally presented
• The defendant enters a plea (guilty, not guilty, or no contest)
• Future court dates are scheduled

If a plea is entered, the court may proceed directly to sentencing. However, if the plea is “not guilty,” the case moves into the pre-trial phase. Arraignment is a required part of the court process and begins the formal timeline for how the rest of the case will proceed.

The speed of this phase often depends on the court’s calendar, the complexity of the case, and whether attorneys are ready to move forward.

Pre-Trial Hearings and Motions (1–3 Months)

The pre-trial phase is often the longest part of a DWI case. It may include several court appearances, discussions between attorneys, and motions to suppress or exclude certain evidence. This stage usually lasts one to three months, but may be shorter or longer depending on:

• Availability of evidence
• Complexity of the case
• Plea negotiations
• Scheduling issues

If a plea agreement is reached, the case can resolve quickly during this phase. For many first-time offenses, prosecutors may offer a plea deal that avoids trial and minimizes penalties. In that case, the case may be resolved within four to eight weeks.

If no agreement is reached, the case proceeds to trial.

Trial Timeline (3–6 Months or More)

If the DWI case goes to trial, the process may extend beyond three to six months. Trial preparation takes time and involves:

• Collecting evidence
• Scheduling witnesses
• Filing pre-trial motions
• Organizing expert testimony, if necessary

In Louisiana, DWI trials can be bench trials (heard by a judge) or jury trials, depending on the level of the offense and court policy. Trial settings are often delayed due to scheduling conflicts or case backlogs, especially in busier jurisdictions.

If the trial concludes with a conviction, sentencing typically follows immediately or shortly after.

Sentencing and Post-Conviction (Immediately to 1 Month After)

After a guilty plea or conviction, the court imposes a sentence. For a first-time DWI in Louisiana, penalties may include:

• Fines (up to $1,000)
• Community service
• License suspension (criminal, separate from administrative)
• Probation
• Substance abuse evaluation
• Possible jail time (often suspended)

In some cases, the court may allow the installation of an ignition interlock device in exchange for limited driving privileges.

Once sentencing is complete, the court portion of the case concludes. However, license reinstatement and completion of any required programs may extend the overall process by several weeks or months, depending on compliance.

Overall Case Duration: What to Expect

Most Louisiana DWI cases follow one of three general timelines:

• 4 to 8 weeks: If a plea agreement is reached early, and no trial is required
• 2 to 4 months: For more complex cases with standard pre-trial motions and resolution
• 6+ months: If the case goes to trial or involves significant delays

Factors that can shorten or extend the case include:

• Whether it’s a first-time or repeat offense
• Whether BAC results or test refusals are contested
• The availability of court dates
• Whether the defendant has an attorney
• The jurisdiction’s case backlog

It’s important to note that administrative license issues may continue separately from the court process and can extend beyond the criminal case’s conclusion.

FAQ: DWI Case Timelines in Louisiana

Q: How soon after arrest will I go to court?
A: Usually within 2 to 6 weeks for arraignment, depending on the court’s schedule.

Q: Can I resolve the case quickly by pleading guilty?
A: Yes. A guilty plea at or before arraignment can shorten the process to a few weeks.

Q: What if I request a trial?
A: Trials often extend the timeline by 3 to 6 months or more, depending on preparation and scheduling.

Q: Do administrative license suspensions delay the court case?
A: No. The OMV license process runs separately from the criminal court timeline.

Q: Is the license suspension immediate?
A: It begins after arrest unless a hearing is requested within 30 days.

Q: Will I go to jail while waiting for trial?
A: Usually not. Most first-time offenders are released after booking and remain out during the court process.

Q: What happens if my case takes a long time?
A: As long as you appear at required hearings and comply with pre-trial conditions, a longer case timeline doesn’t affect your legal standing.

Conclusion

A DWI case in Louisiana can take anywhere from a few weeks to several months to resolve. The duration depends on how the case progresses—whether through an early plea, extended pre-trial negotiations, or a full trial. Understanding this timeline helps manage expectations and ensures that important deadlines, such as license hearings and court appearances, are met.

For a detailed breakdown of how the case unfolds from the moment of arrest, visit How Long a DUI Case Typically Takes. To learn more about the full process from arrest to sentencing, see our complete guide on DUI Process And Timeline.