DUI.lawDUI.law

The licence case

Licence suspension after a DUI arrest in Louisiana

The licence proceeding has its own deadlines. Check the applicable notice or order, not just the criminal court date.

Hearing-request deadline in Louisiana: For an administrative hearing under R.S. 32:667–668 after a DWI arrest, the written request to the Louisiana Department of Public Safety and Corrections must be made within 30 days from the date of arrest.

RS 32:667 (opens in a new tab)The notice identifies your proceeding. Conditions below.

The window

Deadline to request a hearing
For an administrative hearing under R.S. 32:667–668 after a DWI arrest, the written request to the Louisiana Department of Public Safety and Corrections must be made within 30 days from the date of arrest.
  • The period runs from arrest, not from a later court appearance or the arrival of delayed chemical-test results.
  • A person unable to request a hearing within 30 days because of incarceration, hospitalization or another cause acceptable to the department may submit documentation establishing that inability. A request under that exception must be submitted no later than 90 days from arrest; this is not an automatic 90-day extension.
Verified RS 32:667Official source (opens in a new tab)
Hearing procedure under the cited rule
Make a written request to the Louisiana Department of Public Safety and Corrections for an administrative license hearing under R.S. 32:667–668. The temporary license receipt, or a separate form issued to the arrested person, provides a way to request it.
  • The ordinary request period is 30 days from arrest. The documented-inability exception in R.S. 32:667(A)(2)(b) has a 90-day outer limit and is not an automatic extension.
  • Upon receiving a hearing request, the department issues a document extending the temporary license through completion of the administrative proceedings and forwards the record to the Division of Administrative Law for a hearing.
  • This administrative license hearing is distinct from the criminal DWI case.
Verified RS 32:667Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Suspension length after a refusal
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

What happens if the window closes

The effect of a missed hearing-request deadline depends on the proceeding and the applicable law. This page does not determine whether review is still available or whether a particular licence restriction applies. A defence lawyer can review the notice or order and explain the available procedures.

Whether Louisiana offers a restricted licence in that situation, and on what conditions, is a state-specific question:

Hardship or restricted licence
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

How the two cases relate

A licence restriction may arise from a test result, a refusal or a criminal conviction. Those are not interchangeable grounds. The source and conditions attached to each rule matter; this page does not predict how one proceeding will affect another in a particular case.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
For an administrative hearing under R.S. 32:667–668 after a DWI arrest, the written request to the Louisiana Department of Public Safety and Corrections must be made within 30 days from the date of arrest.
  • The period runs from arrest, not from a later court appearance or the arrival of delayed chemical-test results.
  • A person unable to request a hearing within 30 days because of incarceration, hospitalization or another cause acceptable to the department may submit documentation establishing that inability. A request under that exception must be submitted no later than 90 days from arrest; this is not an automatic 90-day extension.
Verified RS 32:667Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.