Two clocks start at once
- The criminal case in district or city court.
- The OMV license suspension. You have 30 days from arrest to request an administrative hearing (La. R.S. 32:667). Miss it and the suspension takes effect automatically, before any judge hears your case.
Do these first
- Write down everything you remember about the stop: what the officer said, what tests were done, how long it took.
- Keep the paperwork. The temporary license (the pink or white form), the ticket, the bond papers.
- Do not post about it. Anywhere.
- Do not talk to the officer or prosecutor without counsel.
- Call a lawyer within days, not weeks. The OMV request has to go in fast.
What we look for in a DWI case
- Was the stop lawful?
- Were field sobriety tests administered and scored correctly?
- Was the breath machine calibrated and the operator certified?
- Was your implied-consent advisement read properly?
- Was a blood draw done with a valid warrant?
Refusal
Refusing the breath test has its own suspension under implied consent law. Whether refusal was the right call depends on facts. A lawyer can still fight the refusal suspension at the OMV hearing.
After the case
Many first-offense DWI dispositions become eligible for expungement under La. C.Cr.P. art. 977, immediately after an art. 894 set-aside or five years after the sentence is completed. A DWI can be expunged only once every ten years. Ask before you assume it will follow you forever.
General information, not legal advice. Talk to an attorney about your situation.