One of the most unfortunate inconveniences associated with a DWI arrest in Louisiana is the suspension of one’s driver’s license. The possession of a driver’s license is a privilege, not a right. Therefore, the license can be suspended by the Department of Public Safety for many reasons. However, if the offender follows proper procedure, he may become eligible for a hardship license.
Refusal of Breathalyzer
The arrestee’s driver’s license may be suspended as a result of refusing to take the breathalyzer. In Louisiana, everyone with a driver’s license gives informed consent to take this test upon request. Therefore, when a person refuses, the State can suspend his/her driver’s license for one year on the first refusal. The penalties increase with the number of refusals.
It is important to request an administrative hearing within thirty (30) days of arrest. If you do not request the hearing during that time, you waive it. You should have an attorney experienced at handling these types of hearings to attend and argue on your behalf.
Submit to Breathalyzer
If you submit to the breathalyzer and blow over the limit of .08 BAC, the State may suspend your license for ninety (90) days. If the offender is underage, the penalty is a suspension on six (6) months.
You have a right to a hearing to contest the suspension on a submittal. There may exist some technical defenses that your experienced lawyer can argue at the hearing. Once again, you or your attorney must request the hearing within thirty (30) days of the date of arrest or else you waive the right to it.
The State of Louisiana may suspend a person’s driver’s license if he/she was convicted of a DWI in criminal court. Typically, the period of suspension on a first offense DWI is one year. Depending on the number of prior DWI convictions, the period of suspension may vary. However, an experienced DWI attorney may be able to get you sentenced in a way to avoid the suspension.
In all the scenarios above, the State provides that the offender may apply for a restricted hardship license. An ignition interlock device will be required.
Hardship License Lawyer in Louisiana
Louisiana would also be known for its finer things. As such, it is a great place to live. One of the reasons why people decide to settle down there is because of their strict adherence to the laws of the state. One of those laws is the law which governs intoxication while driving which is usually known as the DWI or DUI. In most states, this offense is usually divided between misdemeanor and felony. Depending on which the person is convicted of, the punishments attached can be little to very strict.
For most people, they find it easy to cope with this offense when they have a lawyer by their side. If you live in St. Tammany, Jefferson, or Orleans parish, then you would likely have a chance to get a criminal defense lawyer in Louisiana. Barkemeyer law firm would be a brilliant place to start. Barkemeyer Law Firm are DWI lawyers who are fully immersed in helping persons who are facing criminal charges in Louisiana. From DWI charges to other more serious charges, our DWI lawyers at the Barkemeyer Law Firm are properly grounded in criminal defense. With him by your side, your chances would immediately be boosted.
Getting convicted for DWI charge would come with certain challenges even in the situation that you do not get jail time. One of them would be the suspension of your license. When your license is taken away, the only step which can offer some form of relief would be the hardship license. There are many reasons why your license could get suspended for a year or more. One of them would be the refusal to take the breath analyzer
In St. Tammany Parish, refusal to take the step would be against the law and it can have some serious repercussions. If you refuse to take the step for the first time, you would most likely have your license suspended for a year. If you refuse on another occasion, it would even be worse. So the best course of action would be to take the breath analyzer test if you are asked to take it. This comes with its benefits.
If you take the test and you have your license suspended, you would have the right to contest the suspension of your license. Usually, this is called the administrative hearing. You would usually have about 15 days to request for such a hearing. If this is not done, then it would be suspended. The law still gives you 15 days to argue this decision if you feel you have a right to. If you do not request for a hearing, then the law will deem that you have waived your right to the hearing.
The important thing to do if you want to have the processes all dealt with professionally would be to get yourself a criminal defense attorney in Covington, Louisiana. This would ensure that you have a well-trained attorney who would be able to get all the processes which you would need to be done. That is the key to success when it comes to handling a DWI matter in Louisiana.
Suspension due to conviction
Another time in which your license would be suspended is when you are convicted by a court. When you are convicted, you would have the chance to apply for a hardship license after 30 days of the conviction. It is important to note that the hardship license usually available to persons that have committed the offense of DWI just once.
The requirement for the hardship license is fairly straightforward one. The only requirement which is normally given is that you must prove to the judge that the use of a car is important if you are to perform your daily activities in your life. Some of the things which would fall into this category could be the need for medical care, or to go to school regularly and early.
How to request for a hardship license
If you live in St. Tammany parish and you wish to get a hardship license, the first thing which you would do is to write a petition to the district court in the parish. If granted, you would have to write a petition to the court again if, during the hardship license period, you have had a change of circumstances. Some of the requirements which would come from being granted a hardship license would be that you would have to have an interlock device installed in your car. The judge might also require to breathe or blow gently into a machine which would analyze how much alcohol is your body then.
Once you have gotten your hardship license during the period which you are suspended and you have not landed yourself into more trouble through a violation of any other rules, you would get a notice stating that you are done with your time of suspension and you can now apply for your license to be given back to you.
Having a criminal defense lawyer in St. Tammany parish taking care of all the petitions and things you would have to do with the court can prove to be quite useful at this point. It would allow you to get yourself back together while giving you the chance to drive a car once more.
One of the Louisiana DWI law firms which you should consider when trying to choose a fitting lawyer should be Barkemeyer law firm. We here at the firm are made up of very good lawyers who know just the right angle to attack any case relating to DWI. This means that no matter what is thrown at us, we have the necessary experience to deal with it competently.
We also understand the mental trauma you might be going through at this point and we would love to help you get over it by representing a good defense to you. While DWI is serious and could cost you a lot, you can avoid further damage by acting on time.