Proposed Legislation on DWI Administrative Law

Posted by Jarrett P. AmbeauMay 17, 20120 Comments

Unless you are a Baton Rouge DWI attorney, you may or may not have heard about the new DWI bill making its way through our legislature right now.  Essentially, as it stands now, when an individual gets a DWI and loses their driver's license after an administrative hearing, that person can regain their license if they gain an acquittal or have their DWI charge dismissed or reduced in court.  House Bill 682 (now House Bill 1204) seeks to change that.

Originally, the bill would have prevented everybody who had their license suspended as a result of a refused or failed breath test from getting their license back after an acquittal, etc. in criminal court.   Now, however, it looks like the bill has been amended to include only those who have had their license suspended a second time as a result of a failed or refused breath test.  While removing first offenders from the impact of this bill is an improvement from the original, we still find it to be an injustice to those second offenders who manage to get an acquittal or dismissal of their DWI.

However, the bill is not completely bad.  It also increases the amount of time one has to request and administrative hearing after a DWI arrest.  Presently an individual has 15 days to request a hearing concerning their driver's license.  This bill would increase that amount of time to 30 days, the way it used to be.

We at the Ambeau Law Firm will be sure to monitor the progress of this bill and keep you updated as it goes through the legislature.  As always, should you or anyone you know receive a DWI, please make sure to contact the Ambeau Law Firm without delay.  An experienced Baton Rouge DWI attorney law can make a world of difference in your case.

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