Once you have been convicted for a DWI offense in Louisiana, your license would be suspended. Even though you agree to the blood alcohol test or not your license would still be suspended, and this suspension duration can last for years. The installation of the license usually costs between the range of fifty dollars to three hundred dollars. Since you may also need to get a hardship license, it is best to recover your license by utilizing the help of a DWI attorney Baton Rouge like Carl Barkemeyer, an attorney at law that is not only skilled but experienced at handling situations as these.
If you are pulled over by an officer for a DWI/DUI offense, then you have the chance to refuse blood tests, urine tests as well as a breathalyzer test. But the refusal to carry out these tests also comes at a cost, and that is the suspension of your license. A driver is a subject to Louisiana's implied consent laws which states that you have already given your consent to testing for drugs and alcohol that allow legal penance for inability to submit to a blood alcohol content test simply put a BAC test. The work of a Baton Rouge DWI attorney like Carl Barkemeyer is to help you to retrieve your suspended license as a result of the violation of the implied consent law.
According to the Louisiana implored law anyone who owns and drives his or her own vehicles upon the public roads and highways of the state has been implied to have given consent to either a chemical test or tests or breath, urine, blood and any body part or body substance that can be used for the aim of getting the alcoholic content of his or her blood and existence of any misused substance and uncontrolled harmful substance that is set out in RS. 40:964 in his or her blood if convicted for any offense that comes about by the fact that the suspect had committed while driving or operating a motor vehicle or motorbike that is suspected to be intoxicated by alcohol or under the influence of any misused harmful substance regardless of any age. Or to summarize it is mandatory for a driver to face the penance when he or she refuses to take the blood alcohol test when pulled over by an officer for driving or operating a motor vehicle under the influence of drugs and alcohol. If the driver refuses to do the blood test, breathalyzer test or urine test then the officer can get a warrant from the judge to have blood drawn as part of the no refusal initiative though this does not always occur but if or when it is done then the driver has lost the option to refuse. Some states in Louisiana, for example, allows the warrant during heavy travel periods like labor day, Thanksgiving, etc.
There are different penances if an offender refuses to participate in a blood alcohol test. One of these penances is a duration of one hundred and eighty days of license suspension on the first offense Then a duration of five hundred and forty-five days for each of upcoming refusal or offense.
If the offender is twenty-one years old or older and he or she has a blood alcohol content level of 0.02 percent or higher, then the penalties involve a duration of a hundred- and eighty-days suspension of license for the first offense. And for more subsequent refusal or offense like a second, third or fourth offense a three hundred- and sixty-five-days period is given. If the offender is under twenty-one years old and has an alcohol blood content of 0.02 percent or higher than the charges include one hundred and eighty days as the first offense. Then three hundred and sixty-five days for subsequent 2nd, 3rd and 4th offense.
If the offender has been charged with a previous DWI offense and has been convicted, then his or her license would receive an additional suspension of two years for a second conviction, four years for second conviction if his or her blood alcohol content level is 0.2 percent or more. Then for a third DWI arrest, 3 years would be given to licensing suspended.
Once a driver is charged for DWI the license is suspended, and he or she is given a temporary driving permit for a time frame of thirty days. In order for the offender to save his or her license he or she has to apply for an administrative hearing within a time frame of fifteen days upon conviction to save your license. Without this hearing the license would be suspended on the first offense for a duration of 90 days if you submitted the test and the blood alcohol content level is .08 or a year if the offender refuses to blow. As it shows above there is a lot of consequential and potential periods of suspension if there has been any previous arrest and conviction for a DWI. If you blow a high amount of blood alcohol content level or if you have refused to submit to previous blood alcohol content tests then there is also a longer duration of the license to be suspended. A third failure to grant or refusal in DWI accidents such as negligent injuring cases and vehicle homicide incurs consequences such as a one thousand dollar fine, jail time of up to six months, etc. And when there have been two or more refusals, the offender is also incurring hardship license that restricts driving and would only permit a drive to necessary locations such as your place of work, school or medical appointments.
Using a DWI attorney in Baton Rouge such as Carl Barkemeyer can represent a client facing a DWI suspension or charge. The team works out files and other important forms that can be used for a DWI administrative hearing.