Q: Can Article 894 rescind a DUI license suspension in Louisiana?
In Louisiana, can an Article 894, which was granted with all requirements met, rescind an administrative license suspension for a DUI charge from February 2024, with the suspension itself occurring on March 7, 2025?
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A:
That’s a really important question, and it’s good that you’re trying to understand the full impact of Article 894. In Louisiana, Article 894 allows the court to defer a DUI conviction and set it aside after you meet all conditions, which helps with clearing your criminal record. However, this **does not automatically reverse or cancel** the administrative license suspension handled by the Louisiana Office of Motor Vehicles (OMV).
The administrative suspension is a **separate process** from the criminal court case and is based on either refusing a chemical test or failing it. Even if your court case was dismissed or set aside under Article 894, the OMV may still uphold the suspension, unless it is separately appealed and overturned through the administrative hearing process. Article 894 affects the conviction, but not necessarily the underlying reason your license was suspended.
That said, you may be able to **petition the OMV** with documentation showing the court’s final ruling and request a review. It's not guaranteed, but in some cases, the OMV has discretion if there’s clear justification. You’re doing the right thing by getting ahead of this—administrative penalties can be confusing, but there are steps you can take to potentially reduce the impact.
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