Local DUI Laws

The DWI Process in Louisiana: What Comes Next?

In Louisiana, a charge for impaired driving is officially referred to as DWI, or Driving While Intoxicated. While the arrest itself may feel like the most serious moment in the process, it’s actually just the beginning. What follows is a structured and often complex series of administrative and legal steps that determine how the case unfolds—and what consequences may result.

Understanding what happens after a DWI arrest in Louisiana is important for anyone trying to navigate the system or simply seeking to learn more about how the state enforces its impaired driving laws. While every case is different based on circumstances like BAC level, prior offenses, or whether an accident occurred, there are standard procedures that most arrests follow.

This article provides a clear, step-by-step explanation of the typical post-arrest process in Louisiana, from the moment a person is taken into custody through the filing of charges and beyond. It’s a purely informational look at how DWI charges move forward in the legal and administrative system—no legal advice, just a plain-language breakdown of how it works in practice.

Booking and Processing After a DWI Arrest

Once a person is arrested for DWI in Louisiana, they are typically transported to a local law enforcement facility for booking and processing. This is where the formal procedures begin and may include:

• Recording personal and arrest information
• Fingerprinting and photographing
• Possibly conducting a second breath or blood test
• Confiscation of the driver’s license

At this stage, the driver may also be held in custody for a short period or released on bail or recognizance, depending on the severity of the case and whether it is a first or repeat offense. In some parishes, bail amounts may be set by a judge or based on a pre-established schedule.

Importantly, this part of the process also initiates two separate tracks: the criminal case, which moves through the court system, and the administrative license process, which is handled by the Louisiana Office of Motor Vehicles (OMV). These two tracks may overlap, but they operate independently.

Driver’s License Suspension and the OMV Hearing

Following a DWI arrest in Louisiana, the driver’s license is usually suspended—even before any court conviction. This is part of the administrative penalty system and is triggered by either a failed BAC test or a refusal to submit to testing. The length of the suspension depends on factors such as BAC level and prior offenses.

However, drivers have the option to request an administrative hearing with the OMV to contest the suspension. This hearing is separate from the criminal trial and must be requested within 30 days of the arrest date. If not requested in time, the suspension typically goes into effect automatically.

Here are some typical license suspension periods in Louisiana:

• 90 days for a first offense with BAC ≥ 0.08%
• 1 year for test refusal (first offense)
• Longer suspensions for repeat offenses

In some cases, a driver may be eligible for a restricted license, which allows limited driving (e.g., to work or school) but usually requires the installation of an ignition interlock device. The OMV, not the criminal court, handles these issues.

Arraignment and the Start of the Court Process

After the booking process, the next step in the DWI legal timeline is typically an arraignment. This is the defendant’s first formal appearance in court, where they are informed of the charges filed against them and given the opportunity to enter a plea.

The main purposes of the arraignment include:

• Stating the formal charges (e.g., first-offense DWI)
• Allowing the defendant to plead guilty, not guilty, or no contest
• Setting future court dates (pre-trial motions, hearings, etc.)

In Louisiana, DWI cases may be handled in city courts, parish courts, or district courts, depending on the jurisdiction and the severity of the case. For most first-time offenses without aggravating factors, the case may remain in a lower-level court.

The arraignment doesn’t decide guilt or innocence—it simply initiates the legal proceedings. From here, the case can proceed in a number of directions based on the plea, available evidence, and other circumstances.

Filing of Charges and Evidence Collection

At some point after the arrest—often before or shortly after arraignment—the local district attorney’s office or city prosecutor will review the arrest report and decide on the formal charges to be filed. In many cases, this includes a DWI charge, but it may also include related offenses such as:

• Reckless driving
• Open container violations
• Driving with a suspended license
• Refusal to submit to testing

The decision to file charges is based on evidence gathered during the arrest. This may include:

• Results from breath, blood, or urine tests
• Officer’s observations and notes
• Dashcam or bodycam footage
• Field sobriety test results
• Statements made by the driver

Prosecutors review the case materials to determine how to proceed and whether to pursue standard charges, enhanced charges, or potential plea agreements. In more serious cases, especially those involving injury, higher-level charges or felony DWI may be filed.

Pre-Trial Motions, Hearings, and Negotiations

After charges are filed and arraignment is complete, the case enters the pre-trial phase. This is when the defense and prosecution prepare their arguments, and several court appearances may occur. Common pre-trial actions include:

• Filing motions to suppress certain evidence
• Requesting discovery (exchange of evidence)
• Negotiating possible plea deals
• Setting trial dates

In Louisiana, plea agreements are common in DWI cases, especially for first-time offenders. A plea deal might involve reduced charges, lesser penalties, or agreement to complete a diversion program. However, the specific options depend on the facts of the case and the discretion of the prosecutor.

Not all cases go to trial. Many are resolved during the pre-trial phase. But if an agreement isn’t reached, the case proceeds to a bench trial (judge only) or jury trial, depending on the level of offense.

Trial and Potential Penalties

If the case reaches trial, both sides present evidence and call witnesses. The outcome is determined by either a judge or jury. If found guilty, the court will issue a sentence based on Louisiana’s DWI penalty structure.

Typical first-offense DWI penalties may include:

• Fines up to $1,000
• License suspension
• Jail time (often suspended for first offenses)
• Probation
• Community service
• Substance abuse assessment or education

For repeat offenses or aggravating factors (e.g., BAC ≥ 0.15%, having a child in the car, or causing injury), penalties become more severe and may include mandatory jail time, felony charges, or vehicle seizure.

The court may also order the use of an ignition interlock device, even on a first offense. This is especially likely if the driver seeks limited driving privileges while their license is suspended.

FAQ: What to Expect After a DWI Arrest in Louisiana

Q: Will I lose my license immediately after a DWI arrest?
A: Your license may be suspended quickly, especially if you refused testing or had a BAC over the limit. A hearing can be requested to contest it.

Q: Can I still drive after a DWI arrest?
A: You may be eligible for a restricted license if you meet certain conditions, such as installing an ignition interlock device.

Q: Is a DWI in Louisiana a felony?
A: First and second offenses are usually misdemeanors, but a third or subsequent DWI may be charged as a felony.

Q: What happens if I refuse the breathalyzer test?
A: Refusal leads to automatic license suspension, even without a court conviction.

Q: How long do DWI cases usually take to resolve?
A: Cases can take weeks to months, depending on whether a plea deal is reached or the case goes to trial.

Q: What’s the difference between administrative and criminal penalties?
A: Administrative penalties (like license suspension) are handled by the OMV. Criminal penalties are decided by the court.

Q: Do I have to go to court even if I plead guilty?
A: Yes. Even with a plea, a court appearance is usually required to finalize the agreement and sentencing.

Conclusion

After a DWI arrest in Louisiana, drivers face both administrative and legal processes that unfold in parallel. From booking and license suspension to court arraignment and potential sentencing, each step is structured and governed by state law. The process may seem complex, but it follows a predictable path focused on assessing impairment, enforcing penalties, and determining whether charges will result in a conviction.

To learn more about how these charges are officially filed and move through the system, read our article on How DUI Charges Are Filed and Prosecuted. For a full overview of how Louisiana defines and handles DWI cases, visit our main page on How DUI Laws Work.