Louisiana Suspended License Laws: Penalties, Hearings, and Reinstatement

A suspended license in Louisiana usually comes from a specific conviction or a DUI arrest rather than a running tally of points, and the loss of driving privileges can last anywhere from 180 days to four years depending on the offense. Getting back on the road means either waiting out the suspension or qualifying for a restricted license with an ignition interlock device, then paying a reinstatement fee and filing proof of insurance. The clock to protect your driving privileges starts fast: after a DUI arrest, you have 30 days to request an administrative hearing or the suspension takes effect automatically.

What Gets Your License Suspended in Louisiana

Louisiana does not use a point system. Instead, the Department of Public Safety and Corrections suspends or revokes licenses based on specific convictions reported by the courts.¹ Minor tickets generally will not cost you your license, but a single qualifying conviction will.

Under RS 32:414, the offenses that trigger suspension include operating a vehicle under the influence of alcohol or drugs, vehicular negligent injuring, and vehicular homicide, among others. A first conviction for vehicular negligent injuring or a standard DUI carries a 12-month suspension, and a second or subsequent conviction for certain serious offenses leads to a 24-month suspension.² The suspension period begins 30 days after the department mails the suspension notice.

DUI arrests also trigger a separate administrative suspension before any court ever rules on the case. The officer seizes the license at the scene when a driver fails a chemical test or refuses one, and issues a temporary permit. If both an administrative suspension and a later conviction-based suspension apply to the same incident, the two run at the same time rather than stacking.³

Non-driving conduct can suspend a license too. A court handling a past-due child support case can order suspension on its own or at the request of the other parent or the Department of Children and Family Services, but only after finding that wage garnishment failed and the obligor has not paid through other means.⁴ Once the Office of Motor Vehicles receives that order, the suspension is added to the driver’s record as indefinite unless the court set a fixed period.⁵

How Long a Suspension Lasts

DUI suspension length depends on the blood alcohol concentration, whether the driver refused the test, and how many prior offenses are on record.

Administrative Suspension After a DUI Arrest

BAC of 0.08% or higher, first offense: 180 days.
BAC of 0.08% or higher, second or subsequent within five years: 365 days.
BAC of 0.15% or higher, first offense: two years.
BAC of 0.15% or higher, second offense: four years.
First refusal of the chemical test: one year.
Second or subsequent refusal within ten years: two years.

These are administrative actions and happen regardless of whether the driver is ever convicted in criminal court. If a fatality or serious bodily injury resulted from the incident, the driver loses eligibility for a hardship license during the suspension.³

Suspension After a DUI Conviction

A criminal DUI conviction carries its own suspension separate from the administrative one. A first-offense conviction with a BAC of 0.15% or higher brings a two-year suspension.⁶ A second-offense conviction at that BAC level leads to four years.⁷ For a third offense, the suspension under RS 32:414 applies, with eligibility for a restricted interlock license after at least one year served.⁸

The 30-Day Window to Request a Hearing

After a DUI-related seizure of the license, the driver has 30 days from the arrest date to submit a written request for an administrative hearing to the Department of Public Safety and Corrections. Missing that deadline lets the suspension take effect automatically. A driver who could not meet the deadline because of incarceration, hospitalization, or another acceptable reason can submit documentation explaining the delay, but only up to 90 days from arrest at the outside.³

Filing the request extends the temporary driving permit until the hearing concludes. The department forwards the case to the Division of Administrative Law, which must schedule the hearing within 60 days of receiving the request.⁹

The scope of the hearing is narrow. It covers whether the officer had reasonable grounds for the arrest, whether the driver was properly advised of the implied consent law, whether the driver submitted to or refused the test, and whether the test was properly administered. It does not decide guilt on the DUI itself.¹⁰ Winning the hearing does not prevent a criminal prosecution, and losing it does not mean you will be convicted. The two tracks are independent, and you do not have the right to a court-appointed attorney at the administrative hearing.

For non-DUI suspensions under RS 32:414, drivers can ask the department to investigate a hardship claim if the loss of a license would deprive them or their family of the necessities of life or prevent them from earning a living.²

Getting a Restricted License With an Ignition Interlock

Louisiana lets many suspended drivers keep driving under controlled conditions by installing an ignition interlock device. The device requires a passing breath sample before the vehicle will start and logs failed attempts. Drivers apply for a restricted license by proving the device has been installed. The restricted license is marked with a large red “R” and remains in effect for the full suspension period or as long as the interlock stays installed, whichever is longer.¹¹

First offense with BAC under 0.15%: immediately eligible for a restricted license with an interlock upon administrative suspension.
First offense with BAC of 0.15% or higher: eligible during the entire two-year suspension, with the interlock required the whole time.³
Second offense with BAC of 0.15% or higher: eligible during the four-year suspension, with the interlock required for the full four years.¹¹
Third offense: eligible for a restricted interlock license after at least one year of suspension served.⁸

Tampering with or circumventing the interlock extends the restriction: one added month for a first-offense installation, six added months for a second or subsequent installation.¹¹ Drivers enrolled in a DWI court or sobriety court certified by the Louisiana Supreme Court may become eligible for an interlock-restricted license after 45 days of suspension, provided they are in good standing with the presiding judge.²

Reinstating Your License

Reinstatement has three parts: finish the conditions tied to the offense, pay the reinstatement fee, and file proof of future financial responsibility.

Reinstatement fees for DUI-related suspensions, set by the Louisiana Office of Motor Vehicles:

First DWI: $100.
Second DWI: $200.
Third or subsequent DWI: $300.¹²

Non-DUI suspensions under the compulsory insurance or financial responsibility chapters follow a different schedule: $25 for a first offense, $100 for a second, and $200 for any subsequent offense within a five-year period.¹³

After a DUI suspension, Louisiana requires proof of future financial responsibility for three years from the date of conviction, usually filed as an SR-22 certificate from an auto insurance provider confirming at least the state’s minimum liability coverage.¹⁴ Letting the SR-22 lapse during that three-year window restarts the clock. Premiums typically rise substantially while carrying an SR-22 filing.

Driving on a Suspended License

Getting caught driving during a suspension creates a second criminal problem on top of the one that caused the suspension. Penalties under RS 32:415 depend on the license class:

Class D or E (standard passenger vehicles): up to a $500 fine, up to six months in jail, or both, plus a potential civil penalty of up to $1,250.
Class A, B, or C (commercial vehicles): up to a $5,000 fine, up to six months in jail, or both, plus a potential civil penalty of up to $2,500.¹⁵

Driving while suspended and picking up another DUI in the same act carries a mandatory minimum fine of $300 and a maximum of $500, with at least seven days of jail time served without probation or parole. That jail time runs consecutively with any sentence for the new DUI, not concurrently.¹⁵

Any conviction for a motor vehicle offense committed during the suspension automatically extends the suspension by one year from the date the driver would otherwise have been eligible for reinstatement.

Special Situations

Commercial Drivers

Any suspension of a regular Class D or E license automatically disqualifies the driver from operating a commercial motor vehicle. There is no hardship exception for commercial driving, so a CDL holder cannot get a restricted license to keep driving commercially during a suspension.¹⁶ Even after the personal-vehicle suspension ends, the commercial disqualification continues for its own mandated period; during that time the driver can hold a regular Class D or E license if those privileges are otherwise valid, but cannot operate commercial vehicles. Louisiana reports disqualifications to the Federal Motor Carrier Safety Administration and notifies other states if the driver holds an out-of-state license. Federal anti-masking rules also block using deferred adjudication or diversion to keep a traffic conviction off a CDL record.

Moving to Another State

A Louisiana suspension does not disappear when you cross a state line. Louisiana has been a member of the Interstate Driver License Compact since 1968, so suspensions and serious traffic convictions are shared with other member states.¹⁷ The National Driver Register, maintained by the National Highway Traffic Safety Administration, is a separate federal database of drivers whose privileges have been suspended, revoked, or canceled in any state; a new state checks it when you apply for a license and will find an active Louisiana suspension.¹⁸

1
Justia. Traffic Ticket Points Laws: 50-State Survey
2
Louisiana State Legislature. Louisiana Code RS 32:414 – Suspension, Revocation, Renewal, and Cancellation of Licenses; Judicial Review
3
Louisiana State Legislature. Louisiana Code RS 32:667 – Procedure Following Revocation or Denial of License
4
Justia. Louisiana Code RS 9:315.32 – Order of Suspension of License; Noncompliance With Support Order; Contempt of Court
5
Legal Information Institute. Louisiana Administrative Code Title 55 III-114 – Suspension or Denial of Driving Privileges for Failure to Pay Child Support
6
Louisiana State Legislature. Louisiana Code RS 14:98.1 – Operating While Impaired; First Offense; Penalties
7
Louisiana State Legislature. Louisiana Code RS 14:98.2 – Operating While Impaired; Second Offense; Penalties
8
Louisiana State Legislature. Louisiana Code RS 14:98.3 – Operating While Impaired; Third Offense; Penalties
9
Louisiana Division of Administrative Law. Public Safety Hearings
10
Louisiana State Legislature. Louisiana Code RS 32:668 – Procedure Following Revocation or Denial of License; Hearing; Court Review
11
Louisiana State Legislature. Louisiana Code RS 32:378.2 – Ignition Interlock Devices
12
Louisiana Office of Motor Vehicles. Suspensions
13
Louisiana State Legislature. Louisiana Code RS 32:874 – Duration of Suspension, Revocation, or Withdrawal; Reinstatement Fees
14
Louisiana Department of Public Safety. Louisiana Office of Motor Vehicles Policy – Alcohol Related Offenses and Ignition Interlock
15
Louisiana State Legislature. Louisiana Code RS 32:415 – Operating Vehicle While License Is Suspended
16
Justia. Louisiana Code RS 32:414.2 – Disqualification
17
AAMVA. Driver License Compact Non-Resident Violator Compact
18
National Highway Traffic Safety Administration. National Driver Register (NDR)