Louisiana DWI (OWI) Defense + OMV Administrative Hearing & Article 894 Package
LOUISIANA DWI (OWI) DEFENSE AND OMV ADMINISTRATIVE HEARING PACKAGE (with Article 894 Deferral)
PART 1 — CASE SUMMARY AND DEADLINE WORKSHEET
| Item | Detail |
|---|---|
| Client name | [_________________________________] |
| Date of birth | [__/__/____] |
| Louisiana DL # | [_________________________________] |
| Date / time of arrest | [__/__/____] at [____:____] |
| Arresting agency / officer | [_________________________________] |
| Parish / city | [_________________________________] |
| Charging document | ☐ La. R.S. 14:98 / 98.1 (OWI 1st) ☐ 14:98.2 (2nd) ☐ 14:98.3 (3rd — felony) ☐ 14:98.4 (4th — felony) ☐ 14:98.6 (under 21) ☐ 14:98.7 (passenger ≤ 12) |
| Test type | ☐ Intoxilyzer 9000 ☐ Blood ☐ Refused |
| Reported BAC | [_____] |
| Enhanced BAC tier | ☐ 0.15–0.20 (96-hr min for 2nd) ☐ ≥ 0.20 |
| Notice of Suspension served? | ☐ Yes (date: [__/__/____]) ☐ No |
| 30-day deadline to request OMV administrative hearing | [__/__/____] |
| Temporary 30-day permit issued? | ☐ Yes |
| Prior OWI convictions / 10-yr cleansing period | [_____] / [_____] |
| Article 894 eligibility (1st misdemeanor)? | ☐ Yes ☐ No |
Critical Louisiana Deadlines
- 30 days from receipt of Notice of Suspension to request an administrative hearing with OMV (La. R.S. 32:667(B)(3)). Some practitioners advise filing within 15 days for refusal cases to avoid harsher tier; verify against current OMV form.
- Failure to timely request: suspension takes effect automatically.
- Judicial review of adverse OMV decision: 30 days to district court, Parish of East Baton Rouge or parish of residence (La. R.S. 32:668).
PART 2 — LOUISIANA OWI PENALTY GRID (Civil-Law Criminal Code)
| Offense | Code | Classification | Jail (min–max) | Fine | License suspension |
|---|---|---|---|---|---|
| 1st | 14:98.1 | Misdemeanor | 10 days–6 months (48 hrs or 32 hrs CS if suspended) | $300–$1,000 | 1 year |
| 1st, BAC 0.15–0.20 | 14:98.1 | Misdemeanor | 48 hrs without benefit | $300–$1,000 | 2 years |
| 1st, BAC ≥ 0.20 | 14:98.1 | Misdemeanor | 48 hrs without benefit | $750–$1,000 | 2 years |
| 2nd | 14:98.2 | Misdemeanor | 30 days–6 months (15 days or 240 CS if suspended) | $750–$1,000 | 2 years |
| 2nd, BAC ≥ 0.15 | 14:98.2 | Misdemeanor | 96 hrs without benefit | up to $1,000 | 4 years |
| 3rd | 14:98.3 | Felony | 1–5 yrs (1 yr without benefit) | $2,000 | 3 years |
| 4th | 14:98.4 | Felony | 10–30 yrs | $5,000 | 3 years |
| Underage (under 21) | 14:98.6 | Misdemeanor | varies | varies | 1 year |
| Passenger ≤ 12 | 14:98.7 | Enhanced | mandatory minimum not suspendable | varies | varies |
IID under § 32:378.2 — Required during 2-year suspension following OWI 2nd conviction; restricted license issued for entire 2-yr period.
PART 3 — REQUEST FOR OMV ADMINISTRATIVE HEARING
TO: Louisiana Department of Public Safety and Corrections — Office of Motor Vehicles, Administrative Hearings Section, P.O. Box 64886, Baton Rouge, LA 70896
RE: Notice of Suspension — Implied Consent, La. R.S. 32:667
FROM: [Client], by counsel
Pursuant to La. R.S. 32:667(B) and 32:668, the undersigned hereby requests an administrative hearing on the proposed suspension of driving privileges.
| Field | Value |
|---|---|
| Driver name | [_________________________________] |
| DOB | [__/__/____] |
| Louisiana DL # | [_________________________________] |
| Address | [_________________________________] |
| Phone / email | [_________________________________] |
| Date of arrest | [__/__/____] |
| Arresting officer / agency | [_________________________________] |
| Citation / Affidavit # | [_________________________________] |
| Basis | ☐ Test ≥ 0.08 (≥ 0.04 CDL; ≥ 0.02 under-21) ☐ Refusal |
| Hearing format | ☐ In person — Baton Rouge ☐ Telephonic |
Issues for Hearing (La. R.S. 32:668)
- ☐ Whether a peace officer had reasonable grounds to believe the person was driving or in actual physical control of a motor vehicle while intoxicated.
- ☐ Whether the person was placed under arrest.
- ☐ Whether the person was advised of the consequences of refusal / submission (statutory advisement).
- ☐ Whether the person refused to submit, or submitted with prohibited BAC.
- ☐ Whether the test was administered in accordance with regulations of the Department of Public Safety (Louisiana State Police — Applied Technology Unit) and the Department of Health and Hospitals.
- ☐ Whether the breath-test operator was properly certified.
- ☐ Whether the instrument was approved and properly maintained.
The undersigned requests issuance of subpoenas for the arresting officer, breath-test operator, and records custodian.
Signed: [_________________________________] Date: [__/__/____]
PART 4 — DISCOVERY DEMAND (La. C.Cr.P. art. 716 et seq.)
[CITY / DISTRICT] COURT, PARISH OF [____________], STATE OF LOUISIANA
| Party | Role |
|---|---|
| STATE OF LOUISIANA, | Plaintiff |
| v. | |
| [DEFENDANT NAME], | Defendant |
Docket No.: [_________________]
MOTION FOR DISCOVERY AND BILL OF PARTICULARS
Pursuant to La. C.Cr.P. arts. 484 (Bill of Particulars), 716, 717, 718, 718.1, 719, 723, and 729.5, Brady v. Maryland, and the Sixth and Fourteenth Amendments, Defendant requests:
- ☐ All police reports, supplemental reports, accident reports, and CAD logs.
- ☐ All MVR (mobile video recorder), body-worn camera, and station/booking video.
- ☐ Intoxilyzer 9000 maintenance log, calibration records, simulator solution certifications, and operator certification (Louisiana State Police, Applied Technology Unit).
- ☐ Compliance Inspection records under LA-ATU regulations (15-day inspection certifications).
- ☐ Blood-kit chain-of-custody, La. State Police Crime Lab worksheets, GC-MS chromatograms, and analyst qualifications.
- ☐ Implied-consent rights form (signed) and § 32:661 advisement.
- ☐ SFST / HGN training certifications (NHTSA) and field notes.
- ☐ Bill of Particulars under art. 484 stating the specific subsection of 14:98 charged and prior convictions relied upon for enhancement.
- ☐ Brady / Giglio impeachment material on each State witness.
- ☐ Witness list and expert reports under art. 719.
Dated: [__/__/____]
[ATTORNEY SIGNATURE BLOCK]
PART 5 — MOTION TO SUPPRESS
DEFENDANT'S MOTION TO SUPPRESS EVIDENCE
Defendant moves the Court to suppress all evidence obtained in violation of the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution and Article I, §§ 5 and 13, of the Louisiana Constitution, on the following grounds:
I. Stop and Detention
- The officer lacked reasonable suspicion to make the investigatory stop (State v. Boyer, 2007-0476 (La. 10/16/07), 967 So. 2d 458).
- The detention exceeded its lawful scope.
II. Arrest
- The State lacked probable cause to arrest for OWI.
- SFSTs were administered in non-compliance with NHTSA standards.
III. Implied Consent / Chemical Test
- Defendant was not properly advised of implied-consent rights and consequences (La. R.S. 32:661(C)).
- The 15-minute observation period required by LA-ATU regulations (Title 55, Part I, Chapter 5) was breached.
- The Intoxilyzer 9000 was not certified or properly maintained at the time of the test.
- The breath-test operator was not certified.
IV. Blood
- Warrantless blood draw violates the Fourth Amendment (Missouri v. McNeely; Birchfield; Mitchell v. Wisconsin) and Article I, § 5 of the Louisiana Constitution; no valid consent, exigency, or warrant.
V. Statements
- Custodial statements were obtained without Miranda warnings; State v. Hunt, 2009-1589 (La. 12/1/09), 25 So. 3d 746.
Dated: [__/__/____]
[ATTORNEY SIGNATURE BLOCK]
PART 6 — PETITION FOR RESTRICTED / HARDSHIP LICENSE (La. R.S. 32:415.1) & IID
A. Hardship License — La. R.S. 32:415.1
TO: OMV / [____________] District Court, Parish of [____________]
| Field | Value |
|---|---|
| Petitioner | [_________________________________] |
| Louisiana DL # | [_________________________________] |
| Suspension basis | ☐ OWI 1st ☐ OWI 2nd ☐ Refusal / submit ☐ Other |
| Date suspension began | [__/__/____] |
| Hardship purpose | ☐ Earning a livelihood ☐ Medical / chemotherapy treatment ☐ Education ☐ Court-ordered drug treatment / probation supervision |
| Route / hours requested | [_________________________________] |
| SR-22 filed? | ☐ Yes |
| Approved IID provider (if required) | [_________________________________] |
| IID installation date | [__/__/____] |
B. Ignition Interlock — La. R.S. 32:378.2
For 2nd-offense OWI, the offender shall be issued a restricted driver's license during the entire 2-year suspension, equipped with an IID, under La. R.S. 32:378.2. Court may order IID on 1st offense (La. R.S. 14:98.1(B)).
Petitioner respectfully prays that this Honorable Court grant a restricted/hardship license for the purposes stated, subject to all required IID and SR-22 conditions.
Respectfully submitted, [__/__/____]
[ATTORNEY SIGNATURE BLOCK]
PART 7 — ARTICLE 894 DEFERRAL WORKSHEET (1st-Offense Misdemeanor OWI)
A. Eligibility Checklist
- ☐ Offense charged is misdemeanor OWI under La. R.S. 14:98 / 98.1.
- ☐ Defendant has NO prior 894 deferral for OWI within the 10-year cleansing period.
- ☐ No aggravating fatality or great bodily injury (would elevate to vehicular homicide / negligent injuring).
- ☐ Defendant accepts responsibility and pleads guilty.
- ☐ Defendant agrees to substance-abuse treatment and driver-improvement programs.
B. Conditions of Probation (proposed)
| Condition | Detail |
|---|---|
| Probation length | [_____] months (up to 2 years) |
| Court-approved substance abuse program | [_________________________________] |
| Court-approved driver improvement program | [_________________________________] |
| Jail or community service | ☐ 48 hrs jail ☐ 32 hrs community service (½ in litter abatement) |
| MADD Victim Impact Panel | ☐ Yes |
| Ignition Interlock (court-ordered, optional 1st) | ☐ Yes — [_____] months |
| Random drug/alcohol testing | ☐ Yes |
| No alcohol consumption / no entry into establishments primarily selling alcohol | ☐ Yes |
| Costs / fines | $[_____] |
C. Motion to Set Aside Conviction and Dismiss Prosecution under art. 894(B)
Upon satisfactory completion of all conditions of probation, Defendant will move this Honorable Court to set aside the conviction and dismiss the prosecution pursuant to La. C.Cr.P. art. 894(B). Defendant understands that:
- The dismissed conviction counts as a prior for OWI enhancement purposes for 10 years (La. R.S. 14:98(F)).
- The dismissed conviction does not seal the record automatically; expungement under La. C.Cr.P. arts. 977–995.10 is a separate proceeding.
- Federal CDL holders: 49 CFR § 384.226 prohibits masking of CDL convictions; an art. 894 dismissal will NOT prevent reporting to the federal CDLIS database.
Defendant's signature (acknowledged after consultation with counsel): [_________________________________] Date: [__/__/____]
PART 8 — PLEA-DEAL WORKSHEET
| Item | Defense position | Prosecution position |
|---|---|---|
| Charge to plead | ☐ Reckless operation (14:99) ☐ Improper lane usage ☐ OWI 1st (with art. 894) | [_________________] |
| Diversion / pretrial intervention | ☐ Yes (DA office program) ☐ Article 894 deferral | [_________________] |
| Jail | ☐ Suspended ☐ [_____] days actual | [_____] days |
| Fine | $[_____] | $[_____] |
| Probation | [_____] months | [_____] months |
| Substance-abuse program | ☐ Required | ☐ Required |
| Driver-improvement program | ☐ Required | ☐ Required |
| Community service | [_____] hours | [_____] hours |
| IID | [_____] months ☐ N/A 1st | [_____] |
| Counts dismissed | [_________________] | [_________________] |
| Restitution | $[_____] | $[_____] |
Client acknowledgment: [_________________________________] Date: [__/__/____]
PART 9 — IMPLIED CONSENT SUMMARY (LOUISIANA)
| Topic | Rule |
|---|---|
| Authority | La. R.S. 32:661–32:670 |
| Trigger | Lawful arrest for OWI; reasonable grounds |
| Tests | Breath (Intoxilyzer 9000), blood, or urine — designated by officer |
| Right to refuse | Yes — but refusal triggers 1-yr suspension (1st), 2-yr (2nd refusal within 10 yrs); IID may be required |
| Right to independent test | Yes — at own expense (§ 32:664) |
| Advisement | Written — consequences of refusal/submission, IID requirement, 30-day hearing right |
| Operator / instrument | LA-ATU certified operator; instrument certified within 15 days of test |
| Pre-test observation | 15 minutes (LA-ATU regulation) |
| Hearing deadline | 30 days from notice (§ 32:667(B)(3)) |
| Hearing forum | Louisiana OMV — Administrative Hearings Section, Baton Rouge |
| Burden | Preponderance |
| Judicial review | District court — 30 days (§ 32:668) |
| Constitutional source | La. Const. art. I, §§ 5, 13 (in addition to U.S. Constitution) |
PART 10 — SOURCES AND REFERENCES
- La. R.S. 14:98 through 14:98.7 — Operating While Intoxicated.
- La. R.S. 32:661–32:670 — Implied Consent and administrative procedure.
- La. R.S. 32:378.2 — Ignition Interlock Device.
- La. R.S. 32:415.1 — Hardship / restricted license.
- La. C.Cr.P. art. 894 — Suspension and deferral; set-aside of misdemeanor conviction.
- La. C.Cr.P. arts. 716–729.7 — Discovery.
- Louisiana OMV Policy 2-6.00 (Alcohol Related Offenses and Ignition Interlock, rev. 09/10/2025).
- Louisiana State Police — Applied Technology Unit (LA-ATU) regulations, La. Admin. Code Title 55, Part I.
- State v. Boyer, 967 So. 2d 458 (La. 2007); State v. Hunt, 25 So. 3d 746 (La. 2009).
- Missouri v. McNeely, 569 U.S. 141 (2013); Birchfield v. North Dakota, 579 U.S. 438 (2016); Mitchell v. Wisconsin, 588 U.S. 840 (2019).
End of Louisiana OWI Defense + OMV Administrative Hearing & Article 894 Package.
About This Template
Criminal law paperwork covers every stage of a criminal case, from the first appearance and bail motion through pretrial motions, plea agreements, sentencing, and appeals. Deadlines in criminal cases are short and often unforgiving, and constitutional rights can be waived just by missing a filing. Using the right motion at the right time can mean the difference between evidence getting suppressed, charges getting reduced, or a case getting dismissed entirely.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: May 2026
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