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A DWI conviction in Louisiana brings with it a number of legal and administrative penalties. One of the most immediate and lasting consequences is the suspension of your driver’s license. For many individuals, this aspect of the penalty can have a serious impact on daily life — affecting work, family responsibilities, and overall mobility.
In Louisiana, license suspension is handled separately from criminal sentencing. Even if an individual avoids jail time or secures probation, license suspension can still apply through an administrative process handled by the state. The length of time a license is suspended depends on several factors, including whether it’s a first or repeat offense, the driver’s level of impairment, and whether they refused a chemical test.
This article provides a neutral and clear explanation of how license suspensions work after a DWI in Louisiana. It covers standard suspension periods, additional penalties for refusal, and how reinstatement or restricted driving privileges may apply. While every case is different, understanding the typical suspension timelines can help individuals know what to expect.
Standard License Suspension Periods for DWI in Louisiana
Louisiana has defined suspension periods for DWI offenses, with longer durations applied to repeat offenders and cases involving high blood alcohol content (BAC). For a first-offense DWI, the standard license suspension is 90 days if the driver submitted to a chemical test and had a BAC of 0.08% or higher. If the BAC was 0.20% or higher, the suspension increases to 2 years.
A second DWI offense within 10 years results in a 1-year license suspension. If the offense involves a BAC of 0.20% or greater, the suspension is extended to 4 years. These penalties apply regardless of the outcome of any criminal case and are enforced by the Louisiana Department of Public Safety.
Third and subsequent offenses carry longer suspensions and can also include permanent revocation under certain conditions. Suspension periods begin either from the date of the arrest or following a hearing, depending on whether the driver contests the administrative action.
Refusing a Breath or Blood Test and Its Impact on Suspension
Louisiana has an implied consent law, which means that by operating a vehicle, drivers automatically agree to submit to chemical testing if lawfully arrested for suspected DWI. Refusing to take a breath, blood, or urine test can result in immediate license suspension — regardless of whether the driver is later convicted.
For a first refusal, the license is suspended for 1 year. A second refusal within 10 years results in a 2-year suspension. These suspensions are administrative and apply even if the individual is not found guilty in court.
Unlike other types of suspensions, there are fewer opportunities to reduce or challenge the penalties associated with test refusal. Refusal suspensions can also affect eligibility for hardship licenses or result in mandatory installation of an ignition interlock device if limited driving is allowed.
Hardship Licenses and Restricted Driving Privileges
Even when a driver’s license is suspended after a DWI, Louisiana law allows some individuals to apply for a hardship license. This restricted license permits limited driving for essential purposes like work, school, or medical appointments.
Eligibility for a hardship license depends on several factors, including whether it’s a first offense, the BAC level, and whether the individual refused testing. For example, drivers with a high BAC or multiple offenses may be required to install an ignition interlock device before receiving restricted privileges. This device prevents the car from starting if alcohol is detected on the driver’s breath.
Hardship licenses are not automatically granted. Individuals must apply through the Louisiana Office of Motor Vehicles and meet all requirements, which may include proof of insurance, payment of fees, and compliance with any court-ordered conditions.
Reinstating a Suspended License After a DWI
Once the suspension period has ended, Louisiana drivers must take specific steps to reinstate their license. This process is separate from the resolution of any criminal case and typically includes:
- Payment of a reinstatement fee
- Providing proof of SR-22 insurance (high-risk auto insurance)
- Completion of any court-ordered programs
- Installation of an ignition interlock device (if required)
The reinstatement process must be completed in full before driving privileges are restored. Simply waiting out the suspension period does not automatically reactivate a license. Documentation and compliance must be verified by the Office of Motor Vehicles.
For individuals who were convicted of multiple offenses or refused testing, additional requirements may apply. These can include longer interlock periods or further evaluations before reinstatement is approved.
Differences Between Administrative and Criminal License Suspensions
Louisiana handles license suspension for DWI cases through two separate systems: administrative suspension and criminal suspension. These are independent processes and can lead to overlapping or separate penalties.
Administrative suspensions are triggered immediately after an arrest or a failed or refused chemical test. These are handled by the Louisiana Department of Public Safety and can take effect before any court appearance.
Criminal suspensions, on the other hand, are imposed by a judge as part of sentencing following a conviction. Depending on the outcome of the court case, the criminal suspension may be longer than the administrative suspension. In some cases, the court may credit time served under administrative suspension toward the total suspension period, but this is not guaranteed.
Understanding the dual-track nature of these suspensions is important, as it affects when and how driving privileges can be restored.
Ignition Interlock Requirements During and After Suspension
The ignition interlock device (IID) is a breath-testing mechanism that is often required in Louisiana for drivers seeking to regain limited driving privileges. In many DWI cases — particularly those involving a high BAC or repeat offenses — installation of an IID is mandatory before a hardship or reinstated license is issued.
The duration of the IID requirement varies based on the severity of the offense. For instance, a driver with a BAC of 0.20% or higher may be required to maintain the device for up to two years. Repeat offenders often face longer periods, and failure to comply can result in further suspension or denial of license reinstatement.
Costs for installation, calibration, and maintenance of the IID are the responsibility of the driver. There are also regular reporting and inspection requirements during the mandated period. While the device allows for limited driving, it also imposes strict rules that must be followed to maintain eligibility.
FAQ: License Suspension After a DWI in Louisiana
How long is a first-time DWI license suspension in Louisiana?
Typically, 90 days if the BAC is 0.08% or higher. If the BAC is 0.20% or above, the suspension increases to 2 years.
What happens if I refuse a breathalyzer test?
Refusal results in an automatic 1-year license suspension for a first offense, and 2 years for a second refusal within 10 years.
Can I drive at all during my suspension?
Possibly. You may be eligible for a hardship license that allows driving for work or medical reasons, often requiring an ignition interlock device.
Is suspension handled by the court or the DMV?
Both. There’s an administrative suspension through the Department of Public Safety and a possible criminal suspension through the court system.
What do I need to do to get my license back?
You must pay a reinstatement fee, file proof of SR-22 insurance, complete required programs, and possibly install an ignition interlock device.
Do I need an interlock device for a first offense?
Only if your BAC was 0.20% or higher, or if required as part of a hardship license or court order.
Conclusion
In Louisiana, a DWI arrest or conviction almost always results in some form of license suspension. The length and type of suspension vary depending on the severity of the offense, prior history, and whether the driver submitted to chemical testing. Beyond the basic suspension period, individuals may also face requirements like ignition interlock installation and must go through a formal reinstatement process before regaining full driving privileges.
For a complete understanding of Louisiana’s overall penalty structure for impaired driving, see the DWI Penalties and Consequences page. To explore the specifics of driver’s license suspensions and related driving restrictions, visit License Suspension and Driving Restrictions After a DWI.