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Louisiana Court Records

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How to Get Your License Back After a DUI in Louisiana

In Louisiana, driving under the influence (DUI) or driving while intoxicated (DWI) is a criminal offense where an individual operates a vehicle under the influence of alcohol or any other impairing substance. This is a serious offense that may lead to the revocation or suspension of a person's license. The Louisiana Office of Motor Vehicles may issue and suspend permits under the state's DUI laws.

Step 1: Know the Terms of Your Suspension

Before someone may get their license back following suspension after a DUI conviction, they need to understand the terms of their suspension. How long the OMV revokes or suspends a person's license depends on how many times they have committed a violation and the severity of their offense. For example, a first-time offender's suspension differs from that of someone committing the offense a fourth time. The following table shows different DUI penalties and how they increase in severity with each repeat offense.

Number of Offenses License Suspension Jail Time Community Service Fines
1st offense 6 months 10 days Up to 32 hours $300 to $1,000
2nd offense 1 year 15 days Up to 240 hours $750 - $1,000
3rd offense 1 year Up to 5 years Up to 320 hours $2,000
4th offense 1 year Up to 30 years Up to 320 hours $5,000

Additionally, if a person fails a BAC test, their license will be suspended for two years.

Step 2: Fulfill Court and DMV Requirements

The court and the Louisiana Office of Motor Vehicles (OMV) have their way of dealing with DUI violations. For instance, the courts are responsible for imposing criminal penalties on DUI offenders, such as fines, jail time, probation, community service, and mandatory participation in substance abuse or driver improvement programs. The courts decide on these penalties through criminal hearings and the offender's history of DUI infringements.

In contrast, the Louisiana OMV applies penalties administratively. Therefore, hearings held by the court only focus on restricting the driver's privileges, not criminal liability. Additionally, these penalties are often independent of the courts' decisions and may still be applied if they do not find them guilty of DUI. The OMV also manages requirements like reinstatement fees, SR-22 insurance filings, and installing an ignition interlock device if necessary. Hearings held by the OMV focus solely on driving privileges.

It is essential to understand that suspensions issued by the court and the OMV differ. For instance, an individual may face a one-year suspension from the court following a second DWI conviction. At the same time, the OMV might impose a separate two-year administrative suspension for a breath test refusal in the same case.

Step 3: Complete a DUI Education or Treatment Program

Louisiana law mandates that people who the court has found guilty of a DUI typically must participate in an alcohol education program that the Department of Public Safety has approved. This driver improvement course aims to:

  1. Provide early intervention for those who have committed DWI.
  2. Provide treatment for those who have committed a first and second offense DWI.
  3. Lower the number of Felony DWIs.
  4. Ensure offenders are accountable for their actions and get the help they need.

Once a person has registered for the driver improvement program with a state-approved provider, they typically must attend all classes and obtain a certificate of completion after 90 days. Failure to do so will result in the driver losing all driving privileges.

Step 4: Get SR-22 Insurance or Equivalent

The SR-22 is an add-on insurance certificate that shows that a driver with a suspended license may take on the insurance policy's financial obligations. Insurance companies typically grant this certificate to drivers deemed a risk to the public or traffic after a DWI conviction.

Louisiana law requires anyone whose driver's license the OMV has suspended due to a DWI conviction to maintain an SR-22 insurance. The law directs parties to keep this financial responsibility for three years before their full driving privileges are reinstated. Parties may still be subject to this requirement even after they have served their suspension, complied with any ignition interlock device mandates, and obtained a hardship license.

Louisiana law states that an SR-22 typically must be filed with the Louisiana OMV. Importantly, the SR-22 filing typically must apply to all vehicles registered in the offender's name. Failure to comply with this requirement will prevent license reinstatement.

Step 5: Pay Reinstatement Fees

Persons with driver's licenses suspended after being convicted of DUI may reinstate their licenses if the Louisiana OMV permits. Parties may check the status of their license on the OMV website. The amount an individual will pay in reinstatement fees depends on whether the offense they were convicted of was a first or repeat offense. Individuals may pay their reinstatement fees by phone or using a debit or credit card. They may also complete payments by mail, through a money order or certified check.

Step 6: Submit Your License Reinstatement Application

Before starting their license reinstatement application in Louisiana, they typically must check their driver's license status online. This portal will help applicants know if they have any flags, blocks, suspensions, or disqualifications. It will also show if they have any other issues that may affect their license. Parties should note that they typically must complete their suspension and see out the waiting period before applying for reinstatement. They may then submit their documents to the OMV and pay the reinstatement fees. Reinstatement services are available by appointment at select OMV offices. Check the Louisiana OMV website for a list of offices.

What If You're Denied License Reinstatement in Louisiana?

If a person is denied license reinstatement in Louisiana after a DUI, the OMV has determined they have not met all administrative requirements. Common reasons for denial are as follows:

  • Failure to complete a court-ordered substance abuse or driver improvement program
  • Lack of proof of SR-22 insurance
  • Unpaid reinstatement fees
  • Failure to install or complete the installation within the time with an ignition interlock device (IID)
  • Trying to reinstate before the whole suspension period has elapsed.
  • Failure to include a certificate of completion for an alcohol treatment program in the application.

Individuals have the right to challenge the rejection through an administrative hearing. They have the right to file an appeal for a hearing within thirty days of the decision. This appeal will be heard by the district court of the parish in which the applicant resides.

Hardship Licenses: Driving with Limited Privileges

In Louisiana, if a person's license is suspended, they might still be able to drive for essential reasons. Parties may obtain a hardship license after 30 days of suspension for a first offence. To get this license, they typically must show that they typically must drive to keep their life going. For example, driving to and from work, medical care, school, or the grocery store. Such a person will only be allowed to drive on designated streets and may be on the road only during working hours, attending school, or receiving medical treatment. If they are stopped while driving under a hardship license, it is up to the officer to determine that they were driving for essential purposes. Please note that commercial drivers are not eligible for a hardship license.

How Long Does It Take to Get Your License Back After a DUI?

A person typically gets their license back after a DUI violation after serving the court and the OMV-imposed suspensions. For example, for a first offence DUI, a person may get their license back after the 180-day suspension, provided they have applied for reinstatement. If it is a second offense, a person would have to wait for a year after their license suspension is over and a successful reinstatement application before they may get their license back.

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