Legal Question in DUI Law in Louisiana

DUI -Louisiana Law

If someone pled guilty to a dui in Louisiana and was placed on probation for one year, and had to abide by the law to get their license reinstated, how long is it madatory that their license is going to be suspended? Also, is it possible for that charge to be held under article 894?


Asked on 4/30/08, 3:54 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Re: DUI -Louisiana Law

The license suspension is for either failing the breathalyzer test (3 month suspension) or refusing to take the breathalyzer test (6 month suspension). While it is linked to the DWI, it really has not much to do with the criminal charges. I have seen many cases where a client pled guilty to DWI under a plea agreement and did not lose his license, as well as cases where a client was cleared of the DWI charges but lost his license because he refused the test.

If you win at the administrative hearing and do not lose your license, it is possible that the trial court could go back and suspend your license, but I have not seen it done personally.

Any attorney would have to know more about your particular case to tell you more than those generalities, but I hope that helps.

Oh, and yes DWI can be pled under Article 894 of the Code of Criminal Procedure (the "expungement" article).

Read more
Answered on 4/30/08, 4:37 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Louisiana