Driving after a DUI in Louisiana: the Hardship License
In Louisiana, a first-offense DUI driver can apply for a Hardship License with no waiting period. A court or the licensing agency issues it. An ignition interlock is required; an SR-22 filing is required in some cases. The deadline to request a hearing on the administrative suspension is 30 days from the notice.
Most states let a first-offense DUI driver back on the road before the suspension ends — under a restricted privilege that goes by a different name in almost every state, that usually starts only after a set number of days with no driving at all, and that comes with its own conditions. The rules below are the ones the Louisiana Department of Public Safety and Corrections, Office of Motor Vehicles state, each quoted from the source.
Also called: restricted hardship license (OMV Suspensions page); ignition interlock restricted license (La. R.S. 32:668(B)(1)(c)); special restricted operator's license designated by a large red "R" (La. R.S. 32:668(B)(1)(a)); economic and medical hardship restricted license, court-ordered (La. R.S. 32:415.1).
The first days: the administrative suspension and the hearing deadline
In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.
| Deadline to request the hearing | 30 days |
|---|---|
| Temporary driving permit after arrest | 30 days |
At arrest the officer seizes the license and issues a 'temporary receipt of license' that authorizes driving for not more than thirty days from the date of arrest and serves as notice that the person has not more than thirty days from the date of arrest to make written request to the Department of Public Safety and Corrections for an administrative hearing under R.S. 32:668. A person unable to request in time because of incarceration, hospitalization or another cause acceptable to the department may document that and request no later than ninety days from arrest. On receipt of a request the department extends the temporary license until the proceedings are complete and forwards the record to the Division of Administrative Law for a hearing within sixty days. If no written request is made by the end of the thirty-day period the suspension is imposed (first submission 0.08 or above: 180 da
“The temporary receipt shall also provide and serve as notice to the person that he has not more than thirty days from the date of arrest to make written request to the Department of Public Safety and Corrections for an administrative hearing in accordance with the provisions of R.S. 32:668.”
Who can get it, and how soon
| After a first DUI | Available after a first DUI |
|---|---|
| Days before eligible — test failure | no waiting period |
| Days before eligible — test refusal | no waiting period |
| Issued by | A court or the licensing agency |
Under La. R.S. 32:668(B)(1), on a first or second refusal or a first or second submission to a chemical test, the department may issue a restricted license on proof that a functioning ignition interlock device is installed and that the suspension would prevent the person from earning a livelihood; a first or second offender is immediately eligible for an ignition interlock restricted license upon proof of need. Excluded: a refusal where a fatality or serious bodily injury occurred and intoxication was the contributing factor (one year without eligibility for a hardship license, R.S. 32:667(B)(2)(b)); commercial Class A, B or C licenses (the OMV states the applicant may downgrade to Class D or E).
“shall, upon proof of need to the Department of Public Safety and Corrections, be immediately eligible for and shall be issued an ignition interlock restricted license sufficient to maintain livelihood or allow the licensee to maintain the necessities of life.”
R.S. 32:668(B)(1)(b) states that a person who refused the test is not eligible for a restricted license for the first ninety days of the suspension and a person who submitted with 0.08 or above is not eligible for the first thirty days; subparagraph (c) then provides that 'however' a first or second offender shall, upon proof of need, be 'immediately eligible' for an ignition interlock restricted license. R.S. 32:667(B)(3)(a) likewise states that a first or second offender who refused or tested under 0.15 shall, on proof of a functioning interlock, 'be immediately eligible for and shall be granted a restricted license'; a first offender at 0.15 or above is eligible for a hardship license during the entire two-year suspension after proof of an interlock (32:667(B)(3)(b)). The administrative suspension itself (180 days for a first submission of 0.08 to 0.14, two years for 0.15 or above, on
“shall, upon proof to the Department of Public Safety and Corrections that his motor vehicle has been equipped with a functioning ignition interlock device, be immediately eligible for and shall be granted a restricted license.”
Conditions attached to the privilege
| Ignition interlock | Required — Louisiana interlock rule |
|---|---|
| SR-22 / financial-responsibility filing | Required in some cases · 3 years on file — details |
| DUI program / education | Pending verification |
| Fee for the privilege | $50 plus the cost of the license |
| Full reinstatement later | fee $100 (DWI 1st); SR-22 Yes — reinstatement steps |
R.S. 32:668(B)(1)(a): proof satisfactory to the department that an approved and functioning ignition interlock device is installed in the vehicle the person will drive, and that the suspension would prevent the person from earning a livelihood; the person surrenders the regular license and receives the restricted 'R' license at a cost of fifty dollars plus the cost of the license. The OMV Hardship License Requirements policy states that an ignition interlock device is required for Submit, Refusal and Driving While Intoxicated violations and that only the interlock-equipped vehicle may be driven; documentation which may be required is an SR-22 filing, an ignition interlock lease and installation agreement, a court order/judgment where the license is court-ordered, and appropriate fees. The OMV states an SR-22 filing 'may be required on a Refusal of a chemical test or Driving While Intoxic
“The installation of an ignition interlock device is required for the following violations. Only the vehicle equipped with an approved interlock device can be driven by the applicant. Submit to the breath alcohol content test Refusal of a chemical test for intoxication Driving While Intoxicated”
Where and when it allows driving
Driving to earn a livelihood or to maintain the necessities of life, in the interlock-equipped vehicle only; under R.S. 32:668(B)(1)(a)(ii) the department designates in writing the routes over which and the times during which the restricted licensee may drive, and the written restrictions must be kept with the license. A court-ordered R.S. 32:415.1 license is limited to streets and times needed to earn a livelihood or obtain medical treatment, and for a first DWI conviction the court may add travel to Alcoholics Anonymous meetings and approved treatment or education courses.
“Designate in writing, and upon application of the person to amend as necessary, the routes over which and the times during which the restricted licensee shall be permitted to operate designated motor vehicles in order to earn his livelihood”
How it is issued
A court or the licensing agency issues the Hardship License.
Official page: dpsweb.dps.louisiana.gov
The statute: La. R.S. 32:668(B)(1)
“issue in its stead at a cost to the person of fifty dollars plus the cost of the license a special restricted operator's license designated as such by a large red R printed on the face of the license, to be effective for the remaining period of suspension.”
Questions about driving after a DUI in Louisiana
- How soon after a first DWI arrest in Louisiana can a person get a hardship license?
- Under La. R.S. 32:668(B)(1)(c) and R.S. 32:667(B)(3)(a), a first or second offender who refused the test or tested under 0.15 is immediately eligible for an ignition interlock restricted license once the Office of Motor Vehicles receives proof of a functioning interlock device and proof of need; a first offender at 0.15 or above is eligible for the entire two-year suspension after installing an interlock.
- What is the deadline to request the administrative hearing after a Louisiana DWI arrest?
- R.S. 32:667(A)(2)(a) states the temporary receipt of license serves as notice that the person has not more than thirty days from the date of arrest to make a written request to the Department of Public Safety and Corrections for an administrative hearing; a late request supported by documentation of incarceration or hospitalization must be filed within ninety days of arrest.
- What does a Louisiana hardship license allow and what does it cost?
- R.S. 32:668(B)(1)(a) provides for a special restricted operator's license marked with a large red R, issued at a cost of fifty dollars plus the cost of the license, with the department designating in writing the routes and times the licensee may drive to earn a livelihood; the OMV Hardship License Requirements policy states only the interlock-equipped vehicle may be driven.
Sources
- La. R.S. 32:667 - Seizure of license; circumstances; temporary license (Louisiana State Legislature)
- La. R.S. 32:668 - Procedure following revocation or denial of license; hearing; court review; restricted licenses (Louisiana State Legislature)
- La. R.S. 32:415.1 - Economic and medical hardship appeal of driver's license suspension (Louisiana State Legislature)
- La. R.S. 32:378.2 - Ignition interlock devices; restricted license (Louisiana State Legislature)
- Louisiana OMV Policy II-30.00 - Hardship License Requirements
- Louisiana OMV Policy II-29.00 - Eligibility for Hearings and Hardship by Statutes and Driver's License Class
- Louisiana OMV - Suspensions (Submit/Refusal/DWI suspension periods, interlock, 'restricted hardship license')