Time-Sensitive

After a DUI arrest in Louisiana, you may have as little as 15 days to request a hearing to prevent automatic suspension of your driver's license. Do not wait to contact an attorney.

A DUI arrest is one of the most stressful things a person can go through. You're scared. You're embarrassed. You're not sure what happens next. And if you're like most people, you have no idea that some of the most important decisions in your case need to be made in the first few days — not after you've had time to think.

This guide is for anyone who has just been arrested — or knows someone who has. Here's exactly what you need to do, in the order you need to do it, to give yourself the best possible outcome.

Step 1: Stay Calm and Don't Make It Worse

It sounds obvious, but the moments immediately after a DUI arrest matter more than people realize. What you say and do at the scene — and at the station — can significantly affect your case.

1

Exercise your right to remain silent

You are not required to answer questions beyond providing your name and license. Politely decline to discuss what you were doing, how much you drank, or where you were coming from. Anything you say will be in the police report — and can be used against you.

2

Be cooperative, but not confessional

Follow lawful instructions. Don't resist. Don't argue. But don't volunteer information either. There is a significant difference between being cooperative with an officer and incriminating yourself.

3

Note everything you can remember

As soon as you're able, write down everything — the timeline of the stop, what the officer said, whether field sobriety tests were administered, what the conditions were like. Details fade fast. Your attorney will want this information.

Step 2: Understand What You're Facing

A DUI in Louisiana — formally called Operating While Intoxicated (OWI) — can carry serious consequences, especially for repeat offenses. But even a first offense can affect your license, your insurance, your employment, and potentially your freedom.

Here's a general overview of what a first-offense DUI in Louisiana can mean:

The penalties increase significantly for second and third offenses, or if the BAC was particularly high, or if there was a minor in the vehicle. None of this is meant to frighten you — it's meant to help you understand why acting quickly matters.

"Don't try to figure this out alone. The earlier we get involved, the more we can do."

Call (337) 508-2627

Step 3: Contact a DUI Attorney Immediately

This is the most important step on this list. The window to protect your license is short — and the window to build a strong defense starts closing the moment the arrest happens.

When you call an attorney, here's what they should be doing for you right away:

Important

In Louisiana, you typically have 15 days from the date of arrest to request an administrative hearing to contest the suspension of your driver's license. Miss that window and your license is suspended automatically — regardless of the outcome of your criminal case.

Step 4: Protect Your Driver's License

Many people focus entirely on the criminal charge and forget that a DUI arrest triggers two separate processes: the criminal case in court, and an administrative process with the Louisiana Office of Motor Vehicles (OMV) that can suspend your license independent of any court outcome.

Your attorney can request a hearing on your behalf to challenge the suspension. In some cases, it may also be possible to apply for a hardship or restricted license that allows you to drive to work or school while your case is pending.

Step 5: Don't Post About It on Social Media

This should go without saying, but it needs to be said: do not post anything about your arrest on social media. No vague status updates. No photos. No "asking for a friend" questions. Prosecutors routinely monitor defendants' social media activity, and anything you post can be subpoenaed and used against you.

The same applies to text messages and emails. Until your case is resolved, assume that anything you put in writing could end up in front of a judge.

Step 6: Be Honest With Your Attorney

Your attorney is the one person you can and should tell everything to. Attorney-client privilege protects what you share — your lawyer cannot disclose it. But they can only help you effectively if they know the full picture.

That means telling them: how much you actually had to drink, what you said to the officer, whether you have prior DUI arrests, whether there were any passengers in the car, and anything else that happened that night. Surprises that come out during the case are much harder to deal with than information shared upfront.

What Happens Next

After the first 72 hours, your case will move through the Louisiana court system. Depending on the circumstances, your attorney may be able to negotiate a plea agreement, challenge the evidence in a pretrial motion, or take the case to trial.

The outcome of a DUI case depends heavily on the specific facts — the BAC reading, whether field sobriety tests were properly administered, whether the traffic stop was lawful, and whether you have prior convictions. An experienced DUI defense attorney in Lake Charles will evaluate all of these factors and develop a strategy tailored to your situation.

Bottom Line

A DUI arrest is serious — but it is not automatically a conviction. The decisions you make in the first 72 hours can make a real difference. Call an attorney, protect your license, stay quiet on social media, and let your lawyer build your defense.

Devin Fontenot, Lake Charles Attorney

Devin Fontenot

Attorney at Law · Lake Charles, Louisiana

Devin Fontenot is a lifelong Lake Charles resident and criminal defense attorney serving Calcasieu Parish and Southwest Louisiana. He founded his own firm in 2020 and has also served as a juvenile public defender in Calcasieu Parish. If you've been arrested for DUI in Louisiana, call his office directly at (337) 508-2627.