When driving in Louisiana, a driver is subject to an implied consent law, which is found in the Louisiana Revised Statutes, starting at LSA R.S. 32:661. Every state has a law that accomplishes the same purpose.
If you are driving in Louisiana, you have already given your consent to be tested for alcohol or drugs.
The Implied Consent Law of Louisiana states that any person who operates a motor vehicle shall be deemed to have given his consent to submit to a chemical tests of his blood, urine, breath, or other bodily substance, for the purpose of determining the alcohol content of his blood, and the presence of any abused substance (typically meaning some type of drug) if arrested for any offense arising out of acts committed while driving, or in actual physical control of a motor vehicle if a police officer has reasonable grounds to believe the driver is under the influence of alcohol or drugs.
The police officer must inform the driver that if he refuses to submit to the tests, his license will be suspended. Typically, the police officer does not inform the driver that if he blows .08 or over, he will be suspended anyway. In some jurisdictions, (Jefferson Parish, for example) if the driver refuses, the police will obtain a warrant from a judge to have blood drawn, by force if necessary. Most local jurisdictions do not presently do this on a regular basis, except for Jefferson Parish.
When defending a DWI case, Bates and McMillin understand the importance of probable cause. The officer must show that there was enough evidence to require participation in the chemical test described in Louisiana’s Implied Consent law. If the probable cause was questionable or if the test was not administered properly, the expert attorneys at our firm will fight for your rights and earn you the justice you deserve.
You must apply for an administrative hearing within 15 days of your arrest.
Once the charge of DWI is made, the driver’s license is suspended and a temporary driving permit for 30 days is issued. However, to contest the suspension, the driver must apply for an administrative hearing within 15 days of the arrest. If that application is not made, then you will be suspended on a first offense for 90 days if you submitted to the test and blew .08, or a year if you refuse to blow. There are much longer potential periods of suspension if there have been previous arrests and convictions for DWI, or if you have blown a high BAC, or if there have been previous refusals to submit to the test. When James Bates represents a person facing suspension or charges of DWI, his office fills out and files all the necessary forms to apply for the administrative hearing.
The old system of allowing a hearing in which one’s attorney could interrogate the arresting officers has been abolished as of August 1, 2012. In other words, our rights to due process of law have been denied by the legislature. Now, without an attorney, you have no chance at all to save your license. Even with an attorney, it is more of an uphill fight.
Fortunately, it is possible to prevail with an attorney who is well-versed and knowledgeable in the law of driver’s license suspension due to DWI.
The attorneys at Bates and McMillin know Louisiana’s driver’s license suspension law. Because of his hard work and knowledge on the subject, he’ll give you the best chance of avoiding a suspension.
“I’m James Bates, DWI defense attorney. The first thing we will address is the driver’s license suspension. We will file the papers to request an administrative hearing within 15 days of your arrest, if you call us in time. If that deadline is not met, your license will be automatically suspended.
The Mother’s Against Drunk Drivers have persuaded our Legislature to forbid, at administrative hearings, the cross-examination of police officers who file charges of DWI against a driver. That makes it more important than ever that you have a highly qualified and trained DWI defense attorney, to fight the suspension of your driver’s license. CONTACT ME NOW for an appointment to prevent your driver’s license from being suspended, because of your failure to act.”